Privacy Policy/Terms of Use

This page is dedicated to the policies on creditalacarte. We have both a privacy policy, and a terms of use. Please click on the respective tab for the section you wish to read. For any inquries, please email us at steven@creditalacarte.com

Last Updated June 1st, 2019

Thank you for choosing to be part of our community at Credit a la carte. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at steven@creditalacarte.com

When you visit our website: creditalacarte.com, or mobile application (coming soon), and our services, you can trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites or Apps and our services.

This privacy policy applies to all information collected through out website, mobile application, and/or related services, sale, marketing or events.

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

Table of Contents:

  1. WHAT INFORMATION DO WE COLLECT?
  2. HOW DO WE USE YOUR INFORMATION
  3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
  4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
  5. WHAT IS OUR STANCE ON THIRD PARTY WEBSITES?
  6. HOW LONG DO WE KEEP YOUR INFORMATION?
  7. HOW DO WE KEEP YOU INFORMATION SAFE?
  8. DO WE COLLECT INFORMATION ROM MINORS?
  9. WHAT ARE YOUR PRIVACY RIGHTS?
  10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
  11. DO WE MAKE UPDATES TO THIS POLICY?
  12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
  1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In short: We collect personal information that you provide to us, such as name, address, contact information, password, security data, and payment information.

We collect personal information that you voluntarily provide to use when expressing an interest in obtaining information about us or our product and services, when participating in activities on the website or app, or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the site or app, the choices you make, and the products and features you use. The personal information we collect can include the following:

Name and Contact Data: We collect your first and last name, email address, postal address, phone number and other similar contact Data.

Credentials: We collect passwords, password hints, and similar security information used for authentication and account access.

Credit Information: Should you voluntarily fill out a credit consultation on our website, any information that you provide to us about your credit profile such as credit cards, balances, debt, number of inquiries, average age of accounts, credit card desires,  etc. Basically anything that you explicitly provide through email.

Note that we do not need or expect any sensitive information that can truly identify you such as social security or driver license numbers. If you provide any incredibly sensitive information, we will remove it immediately.  

Information Automatically Collect:

In Short: Some information – such as IP address and/or browser and device characteristics – is automatically collected when you visit our website or app.

We automatically collect certain information when you visit, use or navigate the website or app. This information does not reveal your specific identity (like your name, contact information) but may include device and usage information, such as your IP address, browser, device, operating system, language, preferences, referring URLs, device name, country, location, information about how and when you use the website or app, and other technical information. This information is primarily needed to maintain the security and operation of our website and app, and for internal analytics and reporting purposes.

Like many businesses, we collect information through cookies and similar technologies.

Information collected through our Apps:

In short: We may collect information regarding your geo-location, mobile device, and when you use our apps,.

If you use our apps, we may also collect the following information:

Geo-location: We may request access or permission to track location based information from you mobile device, either continuously or while you are using our mobile application, to provide location based services. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile device Data: We may automatically collect device information (such as you mobile device ID, model, and manufacturer), operating system, version information, and IP address.

Information collected from other sources:

In short: We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about you from other sources, such as public databases, point marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information, marketing leads, and search results and links, including paid listings (such as sponsored links).

  1. HOW DO WE USE YOUR INFORMATION?

In short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collect via our website or app for a variety of business purposes described below. We process your personal information for theses purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purposes listed below.

  • To send marketing and promotional communications for Business Purposes. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOU PRIVACY RIGHTS” section below).
  • Deliver targeted advertising to you for our Business Purposes. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness
  • To enable user-to-user communication with your consent. We may use your information in order to enable user-to-user communications with each user’s content
  • For other Business Purposes we may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our website or apps, products, services, marketing and your experience.
  1. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

  • Compliance with laws: We may disclosure your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements)
  • Vital interests and legal rights:We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities , or as evidence in litigation in which we are involved.
  • Vendors, consultants, and other third party service providers: We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the website or app, which will enable them to collect data about how you interact with the website or app over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this policy , we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes.
  • Business transfers:  We may share or transfer your information in connection with, or during negotiation of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third party advertisers:  We may use third-party advertising companies to serve ads when you visit the website or app. these companies may use information about your visits to our website and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  • With your consent: We may disclose your personal information for any other purpose with your consent.
  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES

In short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

  1. WHAT IS OUR STANCE ON THIRD PARTY WEBSITES

In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The website or app may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile application. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the website or apps. You should review the policies of such third parties and contact them directly to respond to your questions.  

  1. HOW LONG DO WE KEEP YOUR INFORMATION

In short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax accounting or other legal requirements). No purpose in this policy will require us keeping your personal information longer than 90 days. In the case of email consultations, any personal information will be deleted as soon as the request is fulfilled to the satisfaction of the requesting party.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anatomize it, or if this not possible (for example because your personal information has been stored in backup archives), then we will securely store your information and isolate it from any further processing until deletion is possible.

  1. HOW DO WE KEEP YOUR INFORMATION SAFE?

In short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our website or app is at your own risk. You should only access the services within a secure environment.

  1. DO WE COLLECT INFORMATION FROM MINORS?

In short: we do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the website or app, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the website or app. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under the age of 18, please contact us steven@creditalacarte.com

  1. WHAT ARE YOUR PRIVACY RIGHTS?

In short: You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_ex.htm

Cookies and similar technologies: Most web browsers are set to accept cookies by deault. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services to our website or apps. To opt-out of interest-based advertising by advertisers on our website or app visit: http://www.aboutads.info/choices/

  1. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In short: Yes, if you area resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law permits our users who are California residents to request and obtain from us, once a year, and free of charger, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to steven@creditalacarte.com

If you are under 18 years of age, reside in California, and have a registered account with the website or app, you have the right to request removal of unwanted data that you publicly post on the website or apps. To request removal of such data, please contact us at steven@creditalacarte.com. Include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the website or app, but please be aware that the data may not be completely or comprehensively removed from our systems.  

  1. DO WE MAKE UPDATES TO THIS POLICY?

In short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes, or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS POLICY:

If you have any questions or comments about this policy, you may email us at steven@creditalacarte.com

Last Updated June 1st, 2019

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”)  and Credit a la carte, concerning your access to and use of the www.creditalacarte.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the website). You agree that by accessing the website, you have read, or understood and agreed to be bound by all of the Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right in our sole digression, to make changes or modifications to these Terms of Use at any time, and for any reason. We will alert you about about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the website after the data such revised Terms of Use are posted.

The information provided on the website 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 use to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licenses to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United State, foreign jurisdictions and international conventions. The Content and the Marks a provided on the website “AS IS” for your information and personal use only. Except as expressly provided in the Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever without the express prior written permission.

Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights to expressly granted to you in and to the website, the Content and the Marks.

USER REPRESENTATIONS

By using the website, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Terms of Use, (2) you are not a minor in the jurisdiction in which you reside, (3) you will not access the website through automated or non-human means, whether through a boat, script, or otherwise, (4) you will not use the website for any illegal or unauthorized purpose; and (5) your use of the website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

  1. Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use a buying agent or purchasing agent to make purchases on the website.
  4. Use the website to advertise or offer to sell goods and services.
  5. Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copyright of any Content contained therein.
  6. Engage in unauthorized framing of or linking to the website
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, bots, or similar data gathering and extraction tools.
  10. Interfere with, disrupt, or create an undue burden o n the website, or the networks or services connected to the website.
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Sell or otherwise transfer your profile.
  13. Use any information obtained from the website in order to harass, abuse, or harm another person.
  14. Use the website as part of any effort to compete with us or otherwise use the website and/or Content of any revenue-generating endeavor or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
  16. Use the website in a manner inconsistent with any applicable laws, or regulations.
  17. Disparage, tarnish, otherwise harm, in our opinion, us and/or the website.
  18. Except as may be the result of standard serach enginers, or Internetnet browser usage, use, launch, develop, or distribute any automated system, including without limiation, any spider robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
  19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limiation, clear graphics, interchange formats (“gifs”). 1×1 pixels, web bugscookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  20. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continious posting of repetivitive text), that interferes with any party’s uninterupted use a d enjoyment of the website or modifies, impairs, disrupts, alters or interferes with the use, features, functinos, operations, or maintenance of the website.
  21. Copy, or adapt the website software, including but not limited to Flash, PHP, HTML, Javascript, or other code.
  22. Delete the copyright of other properietary rights notices from any content.
  23. Attempt to bypass any measures of the website designed to prevent or restrict access to the website or any portion of the website.
  24. Harass, annoy, intimidate, or threaten any of our employees, or agents engage in providing any portion of the website to you.

USER GENERATED CONTRIBUTIONS

The website may invite you to chat, contribute, or participate in blogs, message boards, or other functionality and may provide you with the opportunity to create, post, display, transmit, perform, publish, distribute, or to broadcast content and materials to us or on the website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the website and through third-party websites. As such, any Contributions may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The Creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize is, the website, and other users of the website to use you Contributions in any manner contemplated by the website and these Terms of Use.
  3. You have the written consent, release, and/or the permission of each and every identiable individual person in your Contributions to use the name or the likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the website and these Terms of Use.
  4. Your contributions are not false, inaccurate, or misleading.
  5. Your contributions are not unsolicited, or unauthorized advertising, or promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. You Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contribution do not advocate the violent overthrow of any government, or incite, encourage, or threaten physical harm against another.
  9. You Contributions do not violate any applicable law, regulation, or rule
  10. You Contributions do not violate the privacy or publicity rights of any third party.
  11. You Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, or sexual preference, or physical handicap.
  14. You Contributions do not otherwise violate, or link to material that displays any provision of these Terms of Use of any applicable law or regulation.

Any use of the website in violation of the forgoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the website.

CONTRIBUTION LICENSE

By posting you Contributions, to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to use an unrestricted, unlimited, irrevocable perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly, perform, publicly display, reformat, translate, transmit, except (in whole or in part), and distribute such Contributions (including without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare distribute works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any medial channels.

The license will apply to any form, media, or technology now known or hereafter developed, and include our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise be asserted in your Contributions.

We have the right in our sole and absolute discretion , (1) to edit, redact, or otherwise change any Contributions, (2) to re-categorize any Contributions to place them in more appropriate locations on the website, and (#) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligations to monitor your Contributions.

MOBILE APPLICATION LICENSE

Use License

If you access the website via a mobile application, then we grant you a revocable, non-exclusive non transferable, limited right to install and use the mobile application on wireless electronic devices own or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licensed contained in the Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code, or decript the application, (2) make any modification, adaption, improvement, enhancement, translation, or deriviate work from the application (3) violate any applicable laws, rules, or regulations in connection with your access to use of the application, (4) remove, alter or obscure any proprietary noticed (including any notice of copyright or trademark) posted by us or the licencors of the application, (5) use the application for any revenue generating endeavor , commercial enterprise, or other purposes for which it is not designed or intended, (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way substitute for the application, (8) use the application to send automated queries to any website or to send any unsolicited commercial email, or (9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories, or devices for use with the application.

ANDRIOD AND APPLE USERS

The following terms apply when you use a mobile application obtained from either the Google Play Store or Apple Store (each an “App Distributor”) to access the website: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes Android operating systems or Apple iOS, as applicable, and in accordance with the usage rules set forth in the applicable App Distribution’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms of Use, or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to confirm to any applicable warrant, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in the Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and condition in the mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information, regarding the website (“submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The website may contain (or you may be sent via the website) links to other websites (“Third-Party websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sounds, videos, information, applications, software, and other content or items belonged to or originating from third parties (“Third-Party Content”). Such Third-Party websites and Third-party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not not responsible for any third-Party websites accessed through the website or any Third-Party Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliably privacy practices, or other policies of or contained in the Third-Party website or Third-Party Content. Inclusion of, linking to, or permitting the use of installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party website or to use or install and Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data adhering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third part. You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting any way Third Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the website, and any services provided on the website or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you posses all rights and authority to place advertisements on the websites, including but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation to (1) monitor the website for violations of these Terms of Use, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law of these Terms of Use, including without limitation, reporting such user to law enforcement authorities, (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible), any of your Contributions or any portion thereof, (4) in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any burdensome to our systems, and (5) otherwise manage the website in a manner designed to protect our rights and property and to facility the proper functioning of the website.

PRIVACY POLICY

We care about data protection privacy and security. Please review our Privacy Policy. By using the website, you agree to be bound by our Privacy policy, which is incorporated into these Terms of Use. Please by advised the website is hosted in the United States. If you access the website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United States, then through your continued use of the website, you are transferring your data to the United States and you expressly consent to have your data transfer to and processed in the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children, or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to use without the requisite and verifiable parental consent , we will delete that information from the website as quickly as reasonable practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION WE MAY TERMINATE YOU USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third-party even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not liable to you or any third party for any modification, price change, suspension , or discontinuance of the website.

We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions delays, or errors. We reserve the right to change, revise, update suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the website or to supply any corrections, updates in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the website are governed by and constituted in accordance with the laws in the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by bind arbitration.YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary PROCEDURES for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of Arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any away may be challenged in the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clark County, Nevada . Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgement or the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, Nevada, and the Parties hereby consent to, and waive all defense of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right to authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right to authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and (c) any claim for unjective relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPLICITLY OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN , (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OF SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE BE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTIN WILL ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective offers, agents, partners, and employees , from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of, (1) your Contributions, (2) use of the website, (3) breach of these Terms of Use, (4) any breach of your representations and warranties set forth in in these Terms of Use, (5) your violation of the rights of a third party, including but not limited to intellectual property rights or, (6) any overt harmful act toward any other user of the website with whom you connected via the website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume  the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the website, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTION INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under the statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting or credits by any means other then electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate or a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed serviceable from these Terms of Use and does not affect the validity and enforceablity of any remaining provisions. There is not joint venture, partnership, or employment or agency relationship created between you and us as a result of these Terms of Use or use of the website. You agree that these Terms of Use will not be constituted against us by virtue of having drafted them. You hereby waive any and all defense you may have based on the electronic form of these Terms o of Use and the lack of signing by the parties hereto execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the website, or to receive further information regarding use of the website, please contact us at steven@creditalacarte.com