These Terms of Use (also known as the “Agreement,” “Terms and Conditions,” or “Conditions”) apply to all of the following transactions between you (the client) and The Credit Express (also referred to as “The Credit Express”, “we” or “us”) (“the Transactions”):
- All transactions through the The Credit Express website (also known as “www.thecreditexpress.org”), including any other sites owned by The Credit Express, and your purchase or use of any products and/or services offered on the The Credit Express website;
- Your access to and use of the The Credit Express website (also known as the “Product Website” or the “Site.”);
- Access to content on the Product Website, including (but not limited to) images, calculators, videos, blog articles, and more. This will be referred to as “Content.”
Your order, use, and access to all Products, Product Websites, and Content are subject to these Terms and Conditions. Your choice to access, order, or use any of the above constitutes an implicit agreement to the Terms and Conditions. If you do not agree to the Conditions, do not order, access, or use any of the Product Website, Products, and/or Content. If you disagree with the terms and have already ordered a product, please cease using it, discard said product, and email us at info@thecreditexpress.org to cancel your order. Otherwise, you are legally bound by these Conditions.
Conditions are subject to change at any time. Please check back regularly to ensure that you still agree with them. Remember, each time you order a product, you’re signifying that you’ve read the Conditions and agreed with them.
Fair Use of Products
Since you are using, buying or accessing our Products, we expect you to accurately represent yourself by providing accurate, current information about you, your company, and any minors who you may be enrolling into the program. We expect you to offer accurate, current, and honest information whenever you get prompted to do so through our site, or through email with our representatives.
We really want you to be honest. If The Credit Express has reason to believe that the information you provided was inaccurate, The Credit Express reserves the right to terminate your ability to access, use, or purchase the Products, as well as your ability to use, access, or purchase Products in the future.
By enrolling in any of our programs, you’re signifying that you are at least eighteen (18) years of age. You are also agreeing that The Credit Express will not be liable to you or any children you enroll under eighteen (18) if you have misrepresented yourself and have had your rights terminated.
By clicking our “Submit” button, users are representing that they agree to abide by our Agreement, and that they are eighteen (18) years or older.
By submitting an application for any of our products and/or services, you’re providing written instructions to The Credit Express that permit one of our 3rd party providers to obtain your credit history from Equifax, Experian and/or TransUnion, as per the Fair Credit Reporting Act. Furthermore, you’re authorizing one of our 3rd party providers to pull your credit score as a way to access your credit history for your own use, confirm your identity to avoid fraud, monitor your report, and perform other functions. As disclosed in our Privacy Policy The Credit Express utilizes 3rd party providers to provide services and/or products for our clients. As such, The Credit Express will not obtain your credit history and/or your credit score from the credit bureaus.
Discontinuance of Products
The Credit Express reserves the right to terminate or modify any of its Products, Content, or Product Websites without warning. This is done in our sole discretion. You are agreeing that we will not be liable to you, any children, or any 3rd party for any change or discontinuance of any of the Content, Products, or Product Websites.
Personal Information
The Credit Express might use your personal information to the extent needed to process product orders, enhance your experience, and accurately verify your identity. The full extent of use is found in our Privacy Policy. By ordering a Product, you’re also agreeing to our Privacy Policy.
Online Product Requirements
In order to receive your products, you will need an email address as well as a browser that uses Java. As a buyer of our Products, you’re also agreeing to receive all our email notifications at the email address on file at The Credit Express. In the event that you have an email address change, you are required to update our files with the new address.
In some cases, we may ask you to “opt in” to receive notices, product alerts, and other similar communications from us. When it’s required, we ask that you give us consent so that we can give you all the communications you need. Even if you choose not to opt in, the Site and all of your Products, will still be available in full when you log in. Your products, unless cancelled, will continue whether or not you choose to receive emails. If we can’t reach you via email, you agree to let us contact you via text (SMS) messages or via direct mail. SMS messaging is strongly advised due to the fact that it’s instant. You can choose to have this method of communication by changing your Alert Settings on your Member Login page.
In the event that we cannot contact you due to a failure to complete email authentication, a failure to update your email, or a failure to provide consent, The Credit Express will not be able to send emails to you. Nonetheless, we’re still going to give you the product fulfillment at the price we agreed upon when you ordered.
Online Activation Code
If you’re using an activation code received from a product, it’s a ONE TIME CODE. Reusing the activation code will result in immediate termination of your service or Product, without warning.
If you obtain a Product with an activation code improperly, we will charge you a fee for the improperly obtained Product as well.
Registering for a Product
To register for any product, you must have the following:
- A United States address
- An email address
- A social security number
- A date of birth
- Valid credit card information
- An acceptance to this Agreement
You may also be required to have a phone number in certain cases. For certain products, we may reserve the right to refuse certain forms of payment. Taxes and fees may apply, depending on where you live.
No Warranty By The Credit Express
You expressly agree and understand that the use of the Products, Product Websites, and Content is at YOUR OWN RISK. All the Products that we offer are provided on an “AS IS” or “AS AVAILABLE” basis. The Credit Express and its 3rd party providers disclaim any and all guarantees, warranties, and conditions – whether expressed and/or implied. These include and are not limited to the implied warranties of merchantability as well as fitness for a particular purpose.
The information found in our Content and on our Site is not legal, accounting, tax, or other professional advice. Aside from what you see in the Agreement, The Credit Express makes absolutely no warranties that: (1) our Products and Content are timely, accurate, and error free; or (2) any results from the Program or Content use will be reliable.
Our industry is very fluid, and while we do try to maintain our site and keep our content timely and accurate, we cannot provide a warranty to its accuracy, timeliness, or its lack of errors.
Dispute Resolution By Binding Arbitration
Most issues can be resolved by emailing us to info@thecreditexpress.org. In the rare and unlikely case that we cannot resolve disputes through this manner, you’re agreeing to deal with the issue via binding arbitration or small claims court, rather than going through the general court system.
Arbitration is less formal and less costly than a lawsuit, and uses a neutral 3rd party instead of a judge and jury. This allows for more limited discovery than in court, and is subject to less review by courts. In a binding arbitration, arbitrators can award the same damages that one would get in a court case. All arbitrations are done on an individual, case-by-case basis. Class arbitrations aren’t allowed.
The Credit Express will pay all arbitration costs, regardless of who wins, as long as the issue that you raise isn’t frivolous. However, both you and The Credit Express may be entitled to recover legal fees from arbitration.
Arbitration Agreement In Summary
The Credit Express and you agree to settle all disputes and claims via arbitration, except for any disputes that are not subject to arbitration under governing law.
This includes claims arising due to any relationship The Credit Express may have with you, claims associated with class action lawsuits that you are not a part of, and claims that arise after termination of agreement.
For the purposes of arbitration, references to “you,” “us,” and “The Credit Express” will include (but won’t be limited to) employees, parent entities, subsidiaries, as well as all authorized or unauthorized beneficiaries of services, products, or agreements under this or other prior agreements between us.
Either party can bring claims to individual action in small claims court.
By entering into an agreement with The Credit Express, you are hereby waiving your ability to get a trial by jury, as well as your ability to join in a class action suit.
This Agreement is a transaction in interstate commerce, which means that the Federal Arbitration Act governs the enforcement and interpretation of this Agreement.
You and The Credit Express BOTH agree that each may bring claims against the other by you or your individual capacity – not as a plaintiff or member in any purported representative or class hearing.
You are also agreeing that the arbitrator can’t consolidate multiple peoples’ claims, nor can they preside over a class hearing.
The arbitrator can only provide relief warranted by each individual’s unique claim.
If this part of the arbitration agreement is deemed void by the arbitrator, then it will be treated as null and void during the arbitration procedure.
The Arbitration Process In Detail
Any party that wants to seek arbitration has to begin the process by sending a written Notice of Dispute (“Notice”) by Certified Mail.
The Notice needs to be addressed to Legal & Compliance, The Credit Express, Atlanta (“Notice Address”).
The Notice will need to discuss the nature of the dispute, and tell us what relief you are looking for from The Credit Express (“Demand”).
If The Credit Express and you cannot reach an agreement within 30 days of the letter’s receipt, you agree to an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or The Credit Express will not be disclosed to the arbitrator. The arbitrator will only be told after they decide the amount that you or The Credit Express is entitled to – if any.
You can get more information on the arbitration process from www.adr.org.
After The Credit Express is informed through Notice that arbitration has been commenced, we will promptly reimburse you the filing fee. The current filing fee is $125 for claims under $10,000. This may be subject to change.
If you are unable to pay this fee, The Credit Express will pay it directly.
All arbitrations will be handled by the American Arbitration Association’s (“AAA”) Commercial Dispute Resolution Procedures. This may be supplemented by aid from the AAA’s Supplementary Procedures for Consumer Related Disputes.
Rules for arbitration are found on www.adr.org
You may also contact them at (800) 778-7879
Discovery of non-privileged information to the current dispute will also be governed by AAA rules.
All issues are for the arbitrator to decide, and this includes the scope and enforceability of this arbitration provision, as well as the Agreement’s Terms and Conditions. The arbitrator has exclusive authority to enforce any dispute relating to the scope and enforceability.
This includes, but not limited to, whether or not any or all of this Agreement is void or voidable.
The arbitrator shall be bound by the terms of this Agreement as well.
The arbitrator is allowed to make rulings and resolutions to solve disputes involving the payment and reimbursement of fees and expenses during any time of the arbitration. This includes the time of the final ruling.
Rulings and resolutions regarding payments and reimbursements are pursuant to any and all applicable laws and AAA Rules.
Unless you and The Credit Express agree otherwise, the arbitration will take place in the county of your billing address.
If your claim is less than $10,000, we agree that you can choose whether the arbitration will be done solely through documents, through a telephone hearing, or via an in-person hearing in accordance with AAA Rules.
If your claim is more than $10,000, then your right to a hearing will be provided by the AAA Rules.
Notwithstanding any other items in this Agreement to the contrary, you and The Credit Express are agreeing that if The Credit Express changes its terms and conditions during the time that you have purchased Products, you can reject the change and require The Credit Express to agree to the original provision(s) if a dispute arises dealing with the purchased Products.
The Credit Express will pay all arbitration fees unless this case has been deemed frivolous or inappropriate. Should a frivolous or inappropriate case be determined, all fee payments will be governed by the AAA Rules. In this case, you agree to reimburse The Credit Express for any fees they may have paid that have been deemed your responsibility by AAA Rules.
The Fair Credit Reporting Act (“FCRA”) Disclosures
The FRCA allows you to get a copy of all the information enclosed in your credit file from credit reporting bureaus for a reasonable charge. This law also allows you the following important rights:
- You were denied a loan, a job, or credit due to your credit score;
- You certify, in writing, that you’re unemployed and will be looking for a job for the next sixty (60) days after you have made the certification;
- You receive welfare;
- You have good reason to believe that your report contains errors or fraudulent data;
- To dispute erroneous credit marks.
You do not need to buy products from The Credit Express to dispute bad credit marks.
You may obtain a free copy of your Equifax, Experian and Trans Union personal credit report once every twelve (12) months at www.AnnualCreditReport.com
The reports that our 3rd party providers receive from credit bureaus may not have the same information as the reports that you personally receive from Equifax, Experian and Trans Union.
Notice of Prosecution
Access to and use of password protected and/or secured parts of our Product Websites are restricted to authorized users only. People who use these areas of our Product Websites without proper authorization may be subject to prosecution.
A failure to comply with the FCRA can also result in federal or local law enforcement actions, as well as private lawsuits. Anyone who obtains a credit report under false pretenses can also be subject to prosecution, fines, and other penalties.
Not A Credit Repair Contract Or Organization
The Credit Express, through its 3rd party providers, provides you access to your credit score, which ranges from 300 to 850. It’s a very user-friendly credit report that gives you a good look at how lenders view you as a borrower. The score that our 3rd party providers obtain can differ from the score that lenders pull. VantageScore 3.0 is not the same as the scores obtained through FCRA, nor is it associated with Equifax, Experian or TransUnion.
You acknowledge that VantageScore and other credit scores are highly fluid and subject to change. You also understand that the information on how to monitor your credit report assumes that there will be no adverse changes in your performance. The Credit Express is not responsible for the accuracy of the contents in your credit score.
It’s important to note that accurate marks cannot be changed on a credit report. If you feel like there’s inaccurate information on your report, you can dispute it using procedures set forth by the FCRA for free. Any information involving the procedures is provided at no charge to you and is available for free. It is not included as part of our Products. Instead, it is provided for free to everyone.
Additional Credit Report Terms
When you use our Products, Site, or Content, you are agreeing that you are understanding the following facts:
- If you have issues or want to raise a dispute about your credit score, you can do so by requesting an investigation by the credit bureau who supplied the report.
- Once we have located and delivered the Products to you, you cannot request a refund.
- If you’re an online user that has logged on, then stayed inactive for 20 minutes, our system will end your session. This is done to protect your personal information.
Terms Applicable To Dun & Bradstreet Business Credit Reports
The D&B Business Credit Report, also called the “D&B Product” includes regular alerts via email, and is provided for business use only.
Choosing to buy the D&B Product means that you are also agreeing to Dun & Bradstreet’s Terms and Conditions, as well as their Privacy Policy. You can read them below.
http://www.dandb.com/terms-service-phoenix/
http://www/dandb.com/privacy-policy/
Copyrights, Trademarks, And Other Disclaimers
The Credit Express’ content is copyrighted by The Credit Express The copyright extends to Content, graphics, logos, as well as the general aesthetics of the sites. All advertisements on the site are Copyrighted by their respective owners, all rights reserved. We do not allow any transmission, duplication or storage of our Content without prior written consent from our company.
The Credit Express also has trademarked logos, dress, terms, phrases, graphics, and materials. These are known as “Marks.” Marks are not allowed to be used by other parties without our written consent, and they are absolutely not to be used in connection with any product that isn’t ours, that could cause confusion, or that disparages our company.
The Credit Express has a pending federal trademark, and all other brand and product names are also pending federal trademark. All rights are reserved.
Capital Search and Funding Sources Disclaimer
The Credit Express and all Products and services thereon are offered by 3rd party providers. The Credit Express makes absolutely no claims or guarantees about our users’ ability to get capital from our 3rd party providers. The Credit Express requires you to understand that we take absolutely no part in the funding decision making process. We strongly advise users to avoid sending fees to people and/or businesses who are representing themselves as funding sources without talking to an attorney and/or financial services professional.
In order to protect our users, members, partners and interests, we reserve the right to suspend or terminate users who represent themselves to be funding sources.
Users are hereby agreeing to indemnify and hold harmless The Credit Express, as well as all of its officers, shareholders, employees, and directors from all liability that could result from using The Credit Express’ website. The Credit Express will retain no liability or responsibility in regards to dealings between users looking for funding and users who claim to be funding sources.
You have been advised that The Credit Express does NOT perform due diligence or background checks on funding sources. This means that it is up to the user to perform proper due diligence on funding sources.
Any rights not expressly granted in this Agreement are reserved.
Limitation of Liability
You understand and agree that The Credit Express isn’t liable to you or your minor children for any damages whatsoever resulting from or in any way associated with your use, access, or inability to use our Product Websites, Products, Content, or your access to, use, or inability to use any linked website.
Even if The Credit Express has already been advised about the potential of these damages, some jurisdictions simply don’t allow or place restrictions on the exclusions and limitations of damages of certain types of agreements. In these areas, the limitation of liability will be the maximum that the applicable law allows.
If, notwithstanding the above, liability is placed on The Credit Express by you, you’re agreeing that the maximum liability damages you, and your children, can claim will not exceed the amount of money that you’ve paid to The Credit Express. This is regardless of the nature of the claim.
Contact Us
We are more than happy to answer any questions that you may have regarding our Terms of Use. If you have any questions, comments, or concerns, please email us to info@thecreditexpress.org.
Last Revised: March 11, 2017