Terms of Service
Terms of Service
Acceptance of Terms
WELCOME TO FAMILY CREDIT MANAGEMENT!
The following are terms of a legal agreement (the "Agreement") between you and Family Credit Management, an Illinois corporation ("Family Credit Management", “FCM”, "we", or "us"), that sets forth the terms and conditions for your access to and use of our web and mobile services, including web and mobile Internet sites and mobile applications, including without limitation Internet Web site located at www.familycredit.com and any other web sites operated by us (collectively, the "Sites") (however accessed and/or used, whether via personal computers, mobile devices or otherwise) which are owned and operated by Family Credit Management, and your authorization for us to pull and review your credit report, related analysis of information in connection therewith and/or valuable offers of products and services (such services, the Sites shall collectively be referenced as the "Services"). This Agreement also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact with the Services and post this Agreement. This Agreement governs your use of the Services. By accessing, browsing, and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.
The Services contain materials including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services (collectively, the "Content"). The Services also provide functions and services for which you can elect – such as to obtain a review of your credit report for free, related analysis of information in connection therewith and, if you so choose, to participate in our Debt Management program (collectively, the "Product").
We reserve the right to amend this Agreement from time to time and will notify you of any such changes by posting the revised Agreement on the Sites. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of any of our Services after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability.
In some instances, both this Agreement and separate governing documents setting forth additional conditions may apply to a particular service or product offered via the Services ("Additional Terms"). The Additional Terms are incorporated by reference into this Agreement. To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1. Submitting of Free Quote Form
Through the Services, you may elect to request a free debt management quote, related analysis of information gleaned from your credit report should you give permission for its review. The decision to provide information to us is purely optional; however, if you elect not to provide such information, you may not be able to access certain features or functions of the Services.
Only users eighteen (18) years of age or older may submit a request for a free debt management quote, and to participate in Family Credit Management's valuable products and services. By submitting a request for a free quote, you certify that you are eighteen (18) years of age or older.
When you provide FCM with your information, you agree to provide only true, accurate, current and complete information about yourself and your accounts to the best of your knowledge at the time.
If you enroll on a DMP and utilize the online log-in page, you agree that you will not give or share your log-in credentials with anyone other than your co-applicant (if applicable.) You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer or other device used so that others may not access your password-protected account using your name in whole or in part.
We reserve the right to terminate your account in our sole discretion without liability.
2. Specific Consents Granted upon Submission of Quote Form Authorizing Access to Credit Report:
At the time that you submit your free quote request form to us authorizing FCM to access and review your credit report (at no cost) and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement):
I understand that by submitting this registration form I am requesting that my consumer credit report be pulled and reviewed by FCM; such submission shall therefore constitute "written instructions" in accordance with the Fair Credit Reporting Act for FCM to obtain a copy of my consumer credit report from one of the three major credit bureaus (Experian, Equifax or Transunion), at any time FCM requests until this Agreement is terminated and/or I terminate my account with Family Credit Management’s Services. I further authorize Experian, Equifax or TransUnion to provide a copy of my consumer credit report and score to Family Credit Management at 111 N. Wabash Avenue, Chicago IL 60602, at any time FCM requests until this Agreement is terminated and/or I terminate my account with FCM’s Services.
I further understand that by submitting this quote form I am authorizing FCM, once it has obtained my credit report(s) for me at any time, to retain a copy of such credit report(s) and score(s) in its records along with the other information I am submitting through this quote form (collectively, the "Consumer Profile”) I understand that Family Credit Management will not be sharing my Consumer Profile with any other organizations or parties and that it is completely up to me to decide whether I would like to accept any proposed enrollment onto a Debt Management Plan.
3. Repayment Estimates
We may use information from your credit report or the creditor list your provide, such as account balances, fees and other related items to create a customized action plan for you, including a quote to consolidate your debt through our DMP. We will provide you with a quote that is dependent on the accuracy of the information your give us and/or the accuracy of the information contained in your credit report. Actual payment amounts and payoff dates are dependent on 1) accurate balances and interest rates as confirmed by your current creditor statements or through speaking with your creditors and obtaining above information and 2) regular, full payments to FCM as described in the Client Agreement.
4. Receiving Your Credit Report
Family Credit Management may be authorized by you to pull your credit report from one of the three major credit bureaus. At such time, FCM will analyze your report and discuss its contents with you as part of your holistic action plan. However, FCM is not authorized to provide a copy of your credit report to you. If you would like to obtain a copy of your credit report for your records, you should visit www.annualcreditreport.com. You are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them directly at www.experian.com, www.equifax.com and www.transunion.com.
5. Limitations of Use
You agree to use the Services, the Content, and the Products only for lawful purposes. You are prohibited from any use of the Services, the Content, and/or the Products that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to, unauthorized entry into FCM’s systems, misuse of client ID or passwords, or misuse of any information posted on or available through the Services is strictly prohibited. Your eligibility for particular Products or services is subject to final determination by FCM.
You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and use your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The Services may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
7. User Content You Submit
- User Content. The Services may provide you and others with the opportunity to participate in forums, FCM Blogs, message boards and other communication functionality (collectively, "FCM Blog") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to FCM, the Services, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
- License to FCM and its Service Providers for User Content. You grant to FCM the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that FCM is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Services or FCM, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant FCM the unconditional right to use your name, persona and likeness included in any User Content in connection with delivering the Services, without any obligation or compensation to you. You also grant to FCM the right to sub-license and authorize others (including FCM’s assignees, licensees, agents and service providers) to exercise any of the rights granted to FCM under this Agreement; and each such third party will be entitled to benefit from the rights and licenses granted to FCM under this Agreement. You further authorize FCM to publish your User Content in a searchable format that may be accessed by users of Services, the Internet and mobile devices. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
- FCM’s Obligations Regarding User Content. You agree that FCM has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that FCM will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and FCM may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that FCM reserves the right to treat User Content on the Services, or on certain portions of the Services, as content stored at the direction of users for which FCM will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our FCM Blog Usage Rules when notice of such violations are directed to FCM’s attention. User Content posted may not be maintained on the Services by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that FCM is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
8. FCM Blog Usage Rules
As a user of the Services, you agree that these FCM Blog Usage Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in the FCM Blog. Your participation in the FCM Blog is subject to the terms in this Agreement, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Services and may disregard any User Content that, in our sole discretion, violates these Rules or the Agreement, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content:
- User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Services and elsewhere.
- No pictures or images of anyone but you, your friends and family. If you choose to upload photos to the Services, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it, and if that person is a minor in the jurisdiction in which they live, with the express permission of his/her parent or legal guardian. If you are submitting a picture of someone else’s pet, you must have permission of the pet owner to do so.
- Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build the FCM Blog for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Services. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Services.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Does your User Content contain music or video content? Your User Content may not contain any music or video content unless the work and performance is original with you and/or you have all rights to the musical and video work (including any performances). No jingles, sampling or otherwise of music.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence or cruelty to animals. Your User Content may not promote violence or cruelty to animals or describe how to perform a violent or cruel act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Others are watching. We hope that you will use the FCM Blog to exchange information and content and have discussions with other members. However, please remember that the FCM Blog is a public forum and User Content that you post on the FCM Blog will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don’t share other people's personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Services or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Services or any computer’s or other device’s operating system.
We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content must be yours", "No pictures or images of anyone but you and your friends and family" and "Does your User Content contain music?" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Services.
9. Intellectual Property Information and Restrictions
- Copyright. The copyright in the Content is held by FCM or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You are permitted to use the Content delivered to you through the Services only on the Services You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of FCM. You acknowledge that the Content is and shall remain the property of FCM. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without FCM's prior written approval. You also may not, without FCM's written permission, "mirror" any material contained on the Services on any other server. You may not reverse engineer or reverse compile any of the Services’ technologies, including but not limited to, any Java applets associated with the Services. Any unauthorized use of any Content on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
- Trademarks. FCM (including the FCM logo), FamilyCredit.org/FamilyCredit.com, and all related logos (collectively the "FCM Trademarks") are trademarks or service marks of FCM. Other company, product, and service names and logos used and displayed on the Services may be trademarks or service marks owned by FCM or others. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the FCM Trademarks displayed on the Services without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the FCM Trademarks found on the Services unless in accordance with written authorization by us. We prohibit use of any of the FCM Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any FCM Trademarks, or whether any mark or logo is a FCM Trademark, should be referred to FCM.
10. Copyright Complaints
- DMCA. You may not use the Sites or Mobile Application(s) for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), FCM has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
- Procedure. If you believe, in good faith, that any materials on Sites or Mobile Application(s) infringe your copyrights, notifications of claimed copyright infringement should be sent to FCM's designated agent as set forth below. Notification should include whenever possible:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Sites or Mobile Application(s);
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
Name: Sarabeth O’Neil
Mailing Address: Family Credit Management at 111 N. Wabash Avenue, Chicago IL 60602
Phone number: 815-484-1600
Email address: email@example.com
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
11. Location of Services and Territorial Restrictions
The information provided by the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FCM to any registration requirement within such jurisdiction or country. FCM controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services provided through the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any Content, program, Products, service or other feature described or available through the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
12. Notice of Prosecution
Access to and use of password protected and/or secure areas of the Services are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or score/disclosure under false pretenses may face criminal prosecution. Please note that we do not directly report or provide your credit score to any third party.
13. Links to Third-Party Sites
14. Items Available for Download
Any items that we make available for download or use from the Services and/or our servers (the "Downloadable Items") are the copyrighted work of FCM or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Services, you consent to the download of software to your computer or mobile device and accept these Terms and any Additional Terms related to such application.
15. Disclaimer of Warranties
THE SERVICES AND ALL OF THE CONTENT AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FCM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES, THE MOBILE APPLICATION(S) ANY OTHER SERVICES, (B) THE CONTENT, (C) THE PRODUCTS, (D) THE DOWNLOADABLE ITEMS, (E) USER CONTENT, (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM FCM OR VIA THE SERVICES. THE FCM PARTIES FURTHER MAKE NO REPRESENTATIONS, WARANTIES OR ENDORSEMENTS THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY OF THE CONTENT, THE PRODUCTS OR THE SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED. IN ADDITION, THE FCM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SERVICES, THE CONTENT OR THE PRODUCTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHERE ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FCM PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FCM MAY DISCONTINUE OR MAKE CHANGES IN THE SERVICES, THE CONTENT, AND/OR THE PRODUCTS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE FCM PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FCM RESERVES THE RIGHT TO TERMINATE ANY OR ALL SERVICES OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THE SERVICES COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THE SERVICES IS AT YOUR OWN RISK.
16. Disclaimer and Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE FCM PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, EVEN IF THE FCM PARTIES, OR REPRESENTATIVES THEREOF, ARE OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OR RELATING IN ANY WAY TO: (A) THE USE OR INABILITY TO USE BY ANY PARTY OF THE SERVICES, THE CONTENT, THE PRODUCTS, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES IS LINKED; (B) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (F) THE USE, INABILITY TO USE, UNAUTHORIZED USED, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. THE FCM PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, THE CONTENT, AND/OR THE PRODUCTS IS TO STOP USING THE SERVICES AND TO NOTIFY US THAT YOU NO LONGER DESIRE TO RECEIVE THE PRODUCTS. IF YOUR USE OF THE SERVICES, THE CONTENT, AND/OR THE PRODUCTS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
IN NO EVENT WILL THE FCM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE THAT THE FCM PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT OR THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME KNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF ILLINOIS, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
17. Monitoring of the Services
FCM has no obligation to monitor the Services; however, you acknowledge and agree that FCM has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services, or to protect itself or other users of the Services.
18. Security Features
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, so we do not guarantee or warrant that we will be able to provide any such Products to you, even if you submit a registration form to us for such Products. FCM may use your personal information to the extent necessary to process your order and carry out the transactions that you enter into with us.
19. Governing Law and Dispute Resolution
This Agreement shall be subject to and construed under the laws of the State of Illinois, without reference to the conflicts of law provisions thereof.
You understand and agree that all claims, disagreements, disputes or controversies between you and FCM, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. Because the Services provided to you by FCM concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in Chicago, IL. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA’s Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against FCM in connection with or related to the Services will be resolved individually, without resort to any form of class action.
This Agreement is effective until terminated by either you or FCM as set out below.
If you want to terminate your Agreement with FCM, you may do so by notifying FCM in writing. Your notice should be sent, in writing, to FCM address at 4306 Charles St. Rockford, IL 61108 and include your name, date of birth, and Client ID number for your FCM account.
FCM may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Services, the Content, and/or the Products at any time, with or without cause, in FCM's absolute discretion and without notice.
You agree to defend (if requested by FCM) indemnify and hold harmless the FCM Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the FCM Parties in connection with any claim by a third party (including any intellectual property claim) arising out of: (A) your use of the Services, the Content, and/or the Products; (B) your violation or alleged violation of this Agreement; (C) your violation or alleged violation of any applicable law or regulation, or (D) your infringement or alleged infringement by of any intellectual property or other right of any other person or entity. You further agree that you will cooperate fully in the defense of any such claims. The FCM Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of FCM.
23. Contacting Us
If you have questions regarding this Agreement or the practices of FCM, please contact us by e-mail at firstname.lastname@example.org or by regular mail at Family Credit Management 4306 Charles St. Rockford, IL 61108.
Last Updated: October 7, 2013