Thescorezoom.com – Terms of Service and Use
Notwithstanding any language in the website terms to the contrary, the website terms have the same effect as an agreement in writing and govern your use of this site and its content (the “Website”), your purchase of Thescorezoom.com’s educational material, accessing our membership area and our Facebook group .
BY USING THESCOREZOOM.COM’S WEBSITE, PURCHASING OUR EDUCATIONAL MATERIALS, ACCESSING OUR MEMBERSHIP AREA AND OUR FACEBOOK GROUP YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND THESCOREZOOM.COM ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND THESCOREZOOM.COM, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRARILY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS.
THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH THESCOREZOOM.COM. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST THESCOREZOOM.COM IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST THESCOREZOOM.COM IN ANY JURISDICTION IN THE UNITED STATES.
THESCOREZOOM.COM WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms).
The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforce-ability of the Website Terms.
You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Colorado, as provided in Section 17 below.
1. About The Website Terms
The Website is a service made available by Thescorezoom.com. If you do not agree to the Website Terms, you may not use the Website. We may modify the Website Terms at any time. If you do not agree to the changes, you must discontinue using the Website, discontinue using Thescorezoom.com’s services before the changes take effect.
Your continued use of the Website, use of Thescorezoom.com’s services, purchasing our educational material, accessing our membership area and our Facebook group after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Website, continue using Thescorezoom.com’s services, you reaffirm your acceptance of the Website Terms.
2. About the Website
The Website gives users information about Thescorezoom.com’s general educational and informational resources about credit score, and the ability to sign up for and engage Thescorezoom.com’s educational material, membership area and our Facebook group services.
3. Engagement of Thescorezoom.com’s Program
You are not required to purchase the Thescorezoom.com’s educational program in order to visit and read material on the Website; however, you will need to purchase Thescorezoom.com’s educational materials services if you want to learn how to improve your credit scores. If you engage Thescorezoom.com, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to your sign-up information. Each engagement is for a single person only. We do not permit any other person to engage Thescorezoom.com’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Thescorezoom.com immediately by emailing [email protected] If you participate in Thescorezoom.com’s Text Message Program after you engage Thescorezoom.com, you may stop receiving servicing text messages by texting STOP (and no other words or characters) to the short code from which you received the Thescorezoom.com text message(s). Almost all STOP requests are taken care of immediately, but it may take up to 3 business days from the date you text STOP to be removed from Thescorezoom.com’s texting list(s). Note that texting STOP in response to a servicing text message will only stop servicing text messages and will only stop text messages to the phone number you used to text STOP.
4. Case Files
Should you choose to engage Thescorezoom.com’s services, you will enter into a separate written agreement with Thescorezoom.com. Each legal file we create in conjunction with this separate written agreement is called a “Case File.” Your Case File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Case File will be subject to the following:
• The terms or instructions appearing on a screen when using the service;
• Thescorezoom.com’s policies and procedures applicable to the Case File and the online service;
• Applicable state and federal laws and regulations.
5. Access to Case Files
At certain times, the online services may not be available due to system maintenance or circumstances beyond our control. During these times, you may send an E-mail to [email protected] to obtain information about your Case File.
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Thescorezoom.com or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Thescorezoom.com retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”)(the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
7. Use of Website and Materials
Thescorezoom.com provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
• Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Thescorezoom.com or the applicable rights holder;
• Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
• Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
• Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
• Reformat or frame any portion of the Website or Materials;
• Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
• Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• Attempt to gain unauthorized access to other computer systems;
• Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Thescorezoom.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the Website, may be used or licensed by Thescorezoom.com for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support.
9. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Thescorezoom.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Thescorezoom.com notice of such link by sending an e-mail to [email protected] and (c) you discontinue providing links to this Website if requested by Thescorezoom.com. If you wish to provide links to a section within the Website, you should forward your request to Thescorezoom.com at [email protected] and Thescorezoom.com will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Website Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
Thescorezoom.com’s services and Website, the underlying information, software and technology are subject to U.S. export controls. None of the Website services or content may be downloaded, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country subject to U.S. sanctions applicable to the export or re-export of goods, (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List or Nonproliferation Sanctions List. By using Thescorezoom.com’s services and Website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.