Credit Sesame Terms of Use Agreement

Date Last Revised: July 30, 2014

Credit Sesame, Inc. maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the Credit Sesame, Inc. (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

A. TERMS APPLICABLE TO ALL USERS

OVERVIEW

By using the information, tools, features and functionality located on CreditSesame.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the CreditSesame.com website) or you are a “Member” (which means that you have registered with CreditSesame.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Credit Sesame, Inc. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Credit Sesame, Inc.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

CHANGES TO TERMS

Credit Sesame, Inc. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

DESCRIPTION OF SERVICES

The Service is a personal finance information management service focused on finding prequalified loan options for the consumer, tracking and collecting consumer information, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates, and home value, and product information, such as loan, eligibility, and requirement information from major banks. Based on this information collection, consumer is presented with a view of his/her current key financial figures in assets, debt and credit areas of personal finance, as well as, top loan and financing recommendations personalized to consumers profile and preferences using our proprietary technology and analytics, which information, alerts and updates may be presented to Members in the form of
periodic emails.

The service is provided to you free of charge and is meant as an aid to assist you with finding better financing options to manage your personal finances. It is not intended to provide, legal, tax or financial advice. Credit Sesame makes no representations regarding the frequency with which it updates member data and may at its discretion temporarily stop or permanently discontinue updating member data at anytime.

If you choose to participate in the Credit Sesame member program, you must at the time of signing up provide “Written Instructions” to authorize Credit Sesame to pull your credit report. The terms you must agree to in order to provide such authorization will be displayed to you prior to you agreeing to participate in the member program. You may withdraw your authorization and membership at anytime in the manner specified in the Credit Sesame
Terms of Use.

PRIVACY SURROUNDING YOUR PERSONAL INFORMATION

For information about our privacy policy and data security practices, please read our Privacy and Security Policy, which hereby is incorporated in this Agreement. The policy explains how Credit Sesame treats your personal information when you access the Service. The privacy policy can be updated from time to time. If updates are made, the changes will be affective upon posting the edited Privacy and Security Policy on our website.

JURISDICTION

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Credit Sesame, Inc. makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

PATENT INFORMATION

Technologies and processes embodied or used by this site are covered under one or more patent pending filed by Credit Sesame, Inc. with the United States Patent Trademark Office.

COPYRIGHTS

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Credit Sesame’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Credit Sesame, Inc.

Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Credit Sesame, Inc. You may not use a part of this Website on any other Website, without Credit Sesame, Inc.’s prior written consent.

Credit Sesame, Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of Credit Sesame, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at privacy@creditsesame.com.

TRADEMARKS

Credit Sesame (including Credit Sesame logo) and CreditSesame.com or all other related logos are trademarks of service marks of Credit Sesame. Other company product and service names and logos used and displayed on this Site may be trademarks or service marks owned by Credit Sesame or others. You may not use, copy, display, distribute, modify or reproduce any of the Credit Sesame Trademarks found on the Site except in accordance with written authorization by us.

OPTING-OUT; TERMINATION OF ACCOUNT

We allow you to stop receiving our commercial and marketing emails at any time by following the unsubscribe instructions included in these emails or you can contact us at privacy@creditsesame.com, as set forth in our Privacy and Security Policy. You will still receive periodic transactional emails pertaining to account information, alerts and updates, as well as registration confirmation and responses to direct requests you have made. If you wish to stop receiving such periodic transactional emails, you may notify the Company that you wish to delete your account on the Site by emailing privacy@creditsesame.com. You may also delete your account at any time for any reason by emailing support@creditsesame.com or by logging in to your account and clicking on “delete my account” under “my profile.”

LINKS

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Credit Sesame, Inc. does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use policy applies only to Credit Sesame, Inc.’s website and the products and services Credit Sesame, Inc. offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Credit Sesame, Inc. reserves the right to terminate any link or linking program at any time. Credit Sesame, Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Credit Sesame, Inc. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

SPAMMING

Gathering email addresses from Credit Sesame, Inc. through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Credit Sesame, Inc. should be directed to: info@creditsesame.com.

NO WARRANTIES

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Credit Sesame, Inc. EXPRESSLY DISCLAIMS. Credit Sesame, Inc. DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Credit Sesame, Inc. WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Credit Sesame, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Credit Sesame, Inc. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

GOVERNING LAW, LOCATION AND MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

SEPARATE AGREEMENTS

You may have other agreements with Credit Sesame, Inc. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Credit Sesame, Inc.

U.S. RESIDENT

You represent that you are a United States resident.

ALERT DISCLAIMER

You understand and agree that any alerts provided by the Service maybe delayed or prevented by many factors. Credit Sesame will do its best to provide alerts with utmost accuracy and in a timely fashion; however, we do not guarantee the delivery or accuracy of the content of our alerts. You also agree that Credit Sesame will not be liable for any inaccuracies or the delays in the alerts, nor will Credit Sesame be liable for any actions taken or not taken by you or a third party in reliance on Credit Sesame alerts.

USERS DISPUTES

You are solely responsible for your interactions with other users. Credit Sesame, Inc. reserves the right, but has no obligation, to monitor disputes between you and other users.

USER SUBMISSIONS AND COMMUNICATIONS; PUBLIC AREAS:

You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Credit Sesame, Inc. or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Credit Sesame, Inc. by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Credit Sesame, Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Credit Sesame, Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Credit Sesame, Inc. by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. Although it will not moderate the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Credit Sesame, Inc. has full discretion to delete messages. Users are encouraged to first read the specific forum rules displayed in each discussion forum before participating in that forum.

Credit Sesame, Inc. reserves the right (but is not obligated) to do any or all of the following:

a. ) Record the dialogue in public chat rooms.
b. ) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
c. ) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to comply with these Terms of Use.
d. ) Terminate a Member’s access to any or all Public Areas and/or the Credit Sesame, Inc. Site upon any breach of these Terms of Use.
e. ) Monitor, edit, or disclose any communication in the Public Areas.
f. ) Edit or delete any communication(s) posted on the Credit Sesame, Inc. Site, regardless of whether such communication(s) violate these standards.

Credit Sesame, Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Credit Sesame, Inc. has no liability or responsibility to users of the Credit Sesame, Inc. Website or any other person or entity for performance or nonperformance of the aforementioned activities.

ARBITRATION

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Credit Sesame, Inc. confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in California, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

LIMITATION OF LIABILITY

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Credit Sesame, Inc. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Credit Sesame, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Credit Sesame, Inc. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold Credit Sesame, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

CREDIT BADGE™ PROGRAM

Legal Disclaimer: This disclaimer governs your use of the Credit Sesame Credit Badge™ program (the “Program”); by using the Program or considering the information provided thereby, you agree to and accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use the Program or consider any information provided by the Program.

All information provided by the Program is for general, personal information purposes only and is not intended for legal purposes. Program badges and certificates are granted based on the information available to Credit Sesame from the individual’s credit report (or excerpts thereof) as of the most recent date pulled by Credit Sesame prior to the date of grant of the badge or certificate in question and other financial information. Credit Sesame takes reasonable efforts to obtain updates of this information from time to time but the information is subject to change at any time without any notice to the individual, Credit Sesame or any third party. While Credit Sesame makes reasonable efforts to assure that the Program is functioning properly, Credit Sesame makes no warranty or claim of any kind, express or implied, about the completeness, accuracy, reliability, timeliness, availability, suitability or usefulness of any information provided by the Program for any purpose. Any reliance you place on such information is strictly at your own risk and you agree that Credit Sesame and its data providers shall be held harmless from and shall not be subject to liability or any loss or damage (including, without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or profits) arising out of, or in connection with, information provided via the Program, even if advised in advance of the possibility of such damages.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

ACCOUNTS AND SECURITY

Credit Sesame, Inc. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Credit Sesame, Inc. with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:
a. ) select or use a Login Name of another person with the intent to impersonate that person;
b. ) use a name subject to the rights of any other person without authorization;
c. ) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Credit Sesame, Inc. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Credit Sesame, Inc. shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Credit Sesame, Inc.’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

C. ADDITIONAL TERMS APPLICABLE TO OPTIONAL PAID PRODUCTS AND/OR SERVICES

You understand that by accepting these Terms and Conditions you are providing “written instructions” to Credit Sesame, Inc. its contracted data providers, agents, and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the Services and/or services to you. You agree and hereby authorize Credit Sesame, its contracted data providers, agents, and its Clients and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against Credit Sesame, Inc. its contracted data providers, agents, and its Clients and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize Credit Sesame, Inc., its contracted data providers and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the Services and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.

While enrolling for the Services and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

You agree that you will use the Services and/or services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

Payments: Some products, such as credit and/or identity theft protection products and services require payment via a valid credit or debit card. By purchasing such products and services and providing payment information, you represent that you are authorized to utilize the payment method presented. Furthermore, you agree and authorize us to: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a monthly or annual basis for membership renewals, and if necessary (iii) obtain automatic updates for cards provided to us.

Cancellations: You may cancel your subscription at any time by logging in to your account and calling the number listed at the top of the page.

Other: Please note that you are responsible for any applicable state, federal, or other taxes associated with your purchase unless noted otherwise and we may collect all applicable sales taxes.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us by e-mail privacy@creditsesame.com, or by regular mail at 607 West Dana St., Suite A, Mountain View, CA 94041 Attention: Terms of Use.