Terms of Service
Last updated: June 1, 2020
Credit Admiral Software Terms of Service End-User Agreement — Terms and Conditions (“Terms”)
By clicking the “I ACCEPT” button displayed as part of the subscription ordering process, you are agreeing to the following terms of service (the “agreement”) which will govern your use of Credit Admiral LLC's software and services (collectively called “The Service”). If you are entering into this agreement on behalf of a company, corporation, or other legal entity, you represent that you have the authority to bind said entity, in addition to yourself. If you do not have such authority, or you do not agree with these terms of service, you may not use the software or services provided by Credit Admiral LLC. Your access to and use of the software and service is conditioned on your acceptance of and compliance with these Terms of Service. These terms apply to all visitors, users, and others who access or use the software and service.
Account Terms
You must be at least 18 years old to use Credit Admiral LLC's software and services. You must provide your full legal name and address, a valid email address and phone number, and any other required information to complete the sign-up process. You are responsible for maintaining the privacy and security of your account. Credit Admiral Software will not be held liable for any damage or loss that may result from your failure to comply with this security obligation. Each person/entity may not maintain more than one account with Credit Admiral Software LLC.
Payment and Access
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. A valid credit card is required for paying all accounts. Your credit card will be charged initially a prorated portion of the monthly fee for the remainder of the current month. Your credit card will be charged on the first day of every month thereafter for your monthly fee. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
Should you upgrade or downgrade your account type, your credit card will be charged your new billing rate on your next calendar cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your account. Credit Admiral LLC does not accept any liability for such loss. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
When you purchase single products or specific add-ons (for example individual training), these fees are non-refundable. Credit Admiral Software reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
Cancellation and Termination
You alone are responsible for the proper cancellation of your account. You may cancel your account during the hours of Monday – Friday 9:00 – 5:00 EST by calling 860-785-9800 with your cancellation request, and indicating your name, customer identification, and address. An email request to cancel your account is not considered cancellation. Your account and all of its content will be deleted 90 days after your cancellation of the service. It is your responsibility to request a copy of any required data within this 90 day period. This information cannot be recovered once your account is cancelled AND 90 days have lapsed.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month in which you discontinued your service. You will not be charged again thereafter. Credit Admiral Software reserves the right to modify, suspend, or terminate your account at any time without notice or refund, should you use the account in a manner not consistent with this agreement or not consistent and compliant with state and or federal laws.
Non-Payment and Suspension
Credit Admiral Software reserves the right to suspend or terminate this Agreement and your access to the software and services if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to an interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
Credit Admiral Software LLC will not continue to provide software or service to customers who file chargebacks. You agree and acknowledge that Credit Admiral Software LLC has no obligation to retain customer data for more than 90 days after account termination and that such customer data may be irretrievably deleted 90 days after account termination.
Not a Credit Repair Service (Limitations)
Credit Admiral Software LLC is not a credit repair company. Credit Admiral Software LLC provides a software application that integrates letter templates and other functions that may be used for the purpose of providing legal credit repair. Credit Admiral Software neither manages nor monitors this function, and you take sole responsibility for any credit repair operations you engage in while using the software and service as well as responsibility for disclosures and all other restrictions imposed on credit repair organizations by both federal and state laws.
You, as a user of the Credit Admiral Software and Services, maintain sole control and responsibility for any use of the software and service or letters or tools contained therein, mailing of letters or other correspondence, management, monitoring, and other functions related to credit repair services that you offer or perform for consumers or for yourself, and Credit Admiral Software LLC makes no representations, guarantees, promises or other claims that such letters or application will result in any particular outcome.
Disclosures to Consumers Required by Federal Law
The following disclosure is required by federal law to be provided to consumers by credit repair organizations before any contract or agreement between the consumer and the credit repair organization is executed:
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any “credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
License Grant & Restrictions
Credit Admiral Software LLC hereby grants you a non-exclusive, non-transferable, worldwide right to use the software and service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Credit Admiral Software LLC and its licensors.
You may not access the Service if you are a direct competitor of Credit Admiral Software, except with Credit Admiral Software's prior specific written consent. You shall not license, sublicense, sell, resell, transfer, assign, distribute, exploit, use for commercial advantage, or make available to any third party the software or service or the content in any way. You shall not modify or make derivative works based upon the software, service, or the content. You shall not reverse engineer or reuse source code that is in public view.
Changes
Credit Admiral Software LLC reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our software and service after those revisions become effective, you agree to be bound by the revised terms.
Account Information and Data
Credit Admiral Software does not own “YOUR DATA” (information or material that you have submitted to the software or service in the course of using the software or service). You, not Credit Admiral Software LLC, shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, right to obtain, and intellectual property ownership or right to use of “YOUR DATA”. In the event this Agreement is terminated (other than by reason of your breach), Credit Admiral Software LLC will make available to you a file of “YOUR DATA” within 90 days of termination if you so request.
Your Responsibilities
You are responsible for all activity occurring within your account. You are responsible for all users whom you create or grant access to your account. All content posted or submitted to the software or the service must comply with U.S. copyright law. All users within your account shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Credit Admiral Software represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
Disclaimer of Warranties
Credit Admiral Software LLC makes no guarantee, but will make best efforts as to the timeliness, availability, quality, reliability, accuracy, suitability, truthfulness, or completeness of the Credit Admiral Software LLC software and service. Credit Admiral Software LLC is providing software and service on an “as is” and “as available” best efforts basis.
Mutual Indemnification
We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of a Purchased Service in accordance with this Agreement infringes or misappropriates such third party's intellectual property rights, and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, such a claim.
You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of any Service or Content in breach of this Agreement, infringes or misappropriates such third party's intellectual property rights or violates applicable law, and will indemnify Us from any damages, attorney fees and costs finally awarded against Us.
Limitation of Liability
NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER.
Internet Delays; Force Majeure
Credit Admiral Software LLC is a cloud based internet software service. As such may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Credit Admiral Software LLC is not responsible for delays, delivery failures, or other such problems which originate from the internet or electronic communication problems not related or caused by the Credit Admiral servers.
Notice
Credit Admiral Software LLC may give notice by electronic mail to your e-mail address on record, or by written communication sent by first class mail to your address on record. You may give notice to Credit Admiral Software by nationally recognized overnight delivery service or first class postage prepaid mail to: Credit Admiral Software LLC, 851 E I65 Service Rd S Ste 1070 Mobile, AL 36606.
General
These Terms shall be governed and construed in accordance with the laws of Connecticut, United States, without regard to its conflict of law provisions. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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