This is an all-in-one membership which includes the Smart Credit Report® & Scores, ScoreTracker, ScoreBuilder®, ScoreBoost™, PrivacyMaster®, Credit Monitoring, Alerts, $1 Million Insurance (activation may be required) and Money Manager all tied together with action buttons direct-to-your-creditors for any questions or needs.
Our product has a monthly Membership fee and we have various plans to choose from. See Membership Options & Pricing to determine which Membership plan best suits your needs. You will be billed once per month on the anniversary of your Bill Date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (678) 750-3787.
THIS AGREEMENT HAS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU MUST READ AND ACCEPT THIS ENTIRE AGREEMENT BEFORE YOU CAN ENROLL AND PURCHASE THIS PRODUCT.
WE DO NOT PROVIDE CREDIT REPAIR SERVICES OR CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO CLEAN UP OR IMPROVE YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY MENTION OF THE WORD IMPROVE OR GOAL IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONES CREDIT RATING.
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Our product has action buttons for you to communicate directly with your creditors. We are a neutral system and we do not instruct, advise, recommend or otherwise encourage you to take Actions directly with your Creditor. You are solely responsible for any Actions you take with your creditors.
The Smart Credit Report® is not a credit report as traditionally known or viewed. The Smart Credit Report® is entirely different. It contains additional data and formatting that is not similar to a traditional credit report. It is a new technology that is patented under USPTO 7,818,228 and Others. It is used primarily as a communications medium for consumers to communicate directly with creditors.
Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. We are not affiliated with the Annual Credit Report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies at AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
INFORMATION STATEMENT ABOUT YOUR MEMBERSHIP
Your Membership includes the following products:
Smart Credit Report®
This is a revolutionary new type of Credit Report and is not to be confused with a traditional credit report. What makes it so different is the way information is shown to you and how you can interact with your creditors by using action buttons. It also has a zoom feature to see more credit details and even your daily transactions that ultimately compromise of the information reported by a credit reporting agency.
Scores and ScoreTracker
Each of your Scores has a number ranging from bad to excellent along with a letter grade and how you compare to others. You also get a detailed overview of your Scores. All Scores are estimates and are for educational purposes only. They cannot be used to determine final credit.
This is your credit score and its number range is 300-bad to 850-excellent. This score is a general representation of your credit risk lenders use to grant credit.
This represents your possible risk to lenders if you purchase or lease a vehicle.
This represents your possible risk to an insurance company if they are underwriting your insurance.
Hiring Risk Index:
Many employers are allowed to view your credit report (not your credit score), when determining hiring or promotion. This Hiring Risk Index can help you better understand how employers may interpret your credit report.
ScoreBuilder® is a 120 day program to better understand what is helping or hurting your credit score and view possible actions you can take on your own.
ScoreBuilder® Disclaimer: ScoreBuilder® does not recommend, advise or guarantee any action or any result. Any action taken is entirely up to each individual person. This is not credit repair and no action is ever sent to any Credit Reporting Agency; and therefore, not subject to regulation under a Federal or State Credit Repair Organization Act.
ScoreBoost™ is a simulator that helps you plan your future credit score and know when it's best to apply for credit.
By using ScoreBoost™ you can see how making payments can increase your credit score and by when. You can also see how spending lowers your credit score and by when. Plus, you can know the best time to apply for credit.
ScoreBoost™ is also a great educational tool to better understand how your credit score works.
ScoreBoost™ Disclaimer: ScoreBoost™ is a credit score simulator designed for educational purposes only. Results are not guaranteed and should not be relied upon. ScoreBoost™ is a simulator showing possible outcome of your credit score based upon certain actions you may optionally take that affects the statement balance reported by your creditor or bank. This is not credit repair and not subject to regulation under any Federal or State Credit Repair Organization Act.
This monitors information that is posted to a credit reporting agency (specifically TransUnion) or financial accounts once you add them to Money Manager. Some monitoring Alerts you may get are more important and urgent than others. For these important Alerts we recommend you activate Alerts on your phone. This will put an action button in your Alert to help you remove identity theft right from your phone without the need to log in to your account.
In addition, you will get various Alerts keeping you informed of the latest concerning your Money, Credit and Identity. The Alerts are simple and well organized for you. They include Alerts about your Membership, credit monitoring, identity theft alerts, creditor responses to your Actions and when payments are due on your Money Manager linked accounts.
Make sure you allow our Alerts to get to your email in-box by instructing your email that our Alerts are NOT spam.
$1 Million Fraud Insurance (if applicable)
Your $1 Million Fraud Insurance (Fraud Insurance) is underwritten and administered by Voyager Indemnity Company, an Assurant Specialty Property Company (Assurant) under a master group policy issued to ConsumerDirect, Inc®. for the benefit of it and its partners members.
BASED ON YOUR MEMBERSHIP, FRAUD INSURANCE MAY NOT BE AUTOMATICALLY ACTIVATED WHEN YOU ENROLL AS A MEMBER. YOU MUST ACTIVATE YOUR FRAUD INSURANCE.
The complete policy is available in the Fraud Insurance section of your membership. Please note that New York and Texas may have certain restrictions or prohibitions.
Assurant administers all claims and ConsumerDirect, Inc®. shall have NO responsibility with respect to ANY Fraud Insurance benefit.
PrivacyMaster® (if applicable)
We scan and monitor for websites & data brokers who might be selling or misusing your personal information and alert you when discovered.
You can then instruct them to completely remove your personal information provided you do not have an open account with them.
We will monitor their compliance with your Remove instructions.
You will get periodic alerts with updates and results. Your results may take from 1 to 45 days depending upon the responsiveness of the website or data brokers compliance with your instructions. Results are not guaranteed and may vary.
Link your online bank accounts, credit cards, loans, utilities and investment accounts to Money Manager. This lets you see individual transactions, monthly statements and get payment due notices updated every day.
The details of these linked accounts are shown in Money Manager located on your Member home page and also attached to your creditor data on the Smart Credit Report®. If you view a creditor in your Smart Credit Report®, the transactions will appear as well.
Having all your money, credit and identity in one place is very simple and convenient, especially when you use an action button to ask your credit something.
Use the action buttons, located throughout the site, to communicate directly with your creditors for any questions, problems or requests you may have. It is very fast, you don't need account numbers, or have to worry about business hours. Best of all, you don't have to talk to anyone. Just push the button.
When a creditor replies to your Action request they may reply through our system which will then generate an Alert to you. Or, the creditor may reply directly to your home address. A creditor's reply may vary depending on the general responsiveness of the creditor and your Action request. Please allow reasonable time for your creditor(s) to respond to your Action(s).
A creditor may reply with acceptance, denial, counter-offer or request for more information. In some cases, a creditor may not respond at all. In other cases, multiple Actions may be required to get the result you desire. Results or replies to your Action(s) are not guaranteed. Delivery of your Action(s) to a creditor is not guaranteed. We do reserve the right to reject any of your Actions for unnecessary repetition, frivolous requests or foul language.
You have until midnight, Pacific Time, to cancel your Action. After which our system will automatically fulfill your Action request.
* These features are only available for paid memberships. Free membership may not include these features.
What if I have Questions?
For non-Members, please contact us at (678) 750-3787 for any assistance with enrollment or questions. You can also reach us through our web site by clicking on Contact Us.
For Members, please log in to your account, and then click Contact Us. There you can use our simple form which will help you contact us with your specific needs. For security purposes, we do not accept emails, please just use this form.
If you need to contact us by telephone, please call (678) 750-3787.
MEMBERSHIP OPTIONS AND PRICING
All Paid Membership plans include the following:
- Smart Credit Report®
- 3-Bureau Credit Report & Scores
- $1 Million Fraud Insurance (activation may be required)
- Money Manager
- Action Buttons
- $29.95 per month
- Unlimited updates to your Scores*
- (1) 3-Bureau Credit Reports & Scores per month***
- $19.95 per month
- (2) updates to your Credit Scores per billing period
- (0) 3-Bureau Credit Reports & Scores per month***
Unlimited Scores is defined as 10 full Smart Credit Report® and Score updates per billing period. For the integrity of our product and for your protection, any request to exceed this will have to be determined as non-frivolous. Please contact our customer service (678) 750-3787 to request additional Score updates within the same billing period.
** Unlimited Actions are defined as 0 Actions per billing period. For the integrity of our product and for your protection, any Actions exceeding this will have to be determined as non-frivolous. Please contact our customer service (678) 750-3787 to request additional Actions within the same billing period.
***Additional 3-Bureau Credit Report & Scores may be ordered with all active memberships, for a one time fee if applicable. You may order up to one 3-Bureau Credit Report & Scores per day. The 3-Bureau Credit Report & Scores is available for 12 months.
How does the Cancellation Policy work?
Canceling your Membership Account will immediately cease any additional charges. You agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. You may reactivate your account at any time.
Upon cancellation, you will lose access to the areas of the service designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that may have been displayed during your Membership.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account, or (3) call our customer service at (678) 750-3787.
IMPORTANT CONSUMER NOTICES
Please read the following important consumer notices carefully.
WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: "ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US, OUR PRODUCTS, OR ANY CREDIT REPAIR/CARE SERVICE) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE."
The Federal Trade Commission and some States' Attorneys General regulate creditors, credit bureaus and credit care organizations. As a safe harbor statement please know: "You have the right to sue a credit services organization if it misleads you."
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.
The credit data provided or requested through our product is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency and/or the reporting creditor must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
YOU UNDERSTAND ANY ACTIONS YOU MAY TAKE DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR'S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR ACTION AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US TO COMMUNICATE WITH YOUR CREDITORS. YOU MAY COMMUNICATE DIRECTLY WITH YOUR CREDITORS FOR ANYTHING YOU WISH AT ANY TIME.
If, separately from using our product, you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation. Additionally, many of our product features you may perform on your own, such as our Actions. We are simply a neutral technology allowing consumers to communicate with their Creditors for whatever they need.
MEMBERSHIP TERMS & CONDITIONS
Please read these terms carefully before joining as a Member.
1. BY ACCEPTING THESE TERMS, YOU ARE ENTERING INTO A CONTRACT WITH My Novae Credit ("We", "Us", "Our") AND YOUR MEMBERSHIP ACCOUNT IS ACCESSIBLE AT member.mynovaecredit.com AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF MEMBERSHIP.
You agree that You will use member.mynovaecredit.com only for your own behalf. You will be responsible for all use of your Membership and must notify My Novae Credit immediately of any unauthorized use of your Membership, or the theft or misplacement of your Membership. You understand that by enrolling in the member.mynovaecredit.com service, You are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for My Novae Credit and its service providers, which may include one or more of the three major credit reporting agencies to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You authorize My Novae Credit and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
You certify that you have read and understand the important Consumer Notices set forth above.
Access to the features within your membership may require that we provide your identifying information to third parties who will provide credit or identity data to us. Please see "Third Party Terms" below for more information.
You agree not to impersonate another person or to select or use a username or password of another person. You agree to notify us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your Membership account and your right to access our products.
Your online access to your consumer credit report data and Alerts is subject to verification of your identity. You also agree and understand that the Smart Credit Report® is not a credit report as traditionally known or viewed. The Smart Credit Report® is entirely different. It contains additional data and formatting that is not similar to a traditional credit report, it cannot be printed, it is a new technology that is patented under USPTO 7,818,228 and Others. It is used primarily as a communications medium for consumers to communicate directly with creditors.
2. Membership Plan Selection.
This contract is a monthly Membership. We offer several Membership options and pricing plans. When you register, you must select a Membership plan. If you are registering for a plan based on a special offer, you must complete the registration process prior to the expiration of that offer. You understand and agree to be bound by any requirements of the Membership plan you choose.
During the term of this Agreement (and upon payment of appropriate Membership fees), we grant you a personal, nontransferable, nonexclusive license to use the product and the information included therein.
We reserve the right to offer you different Membership plans at any time where the settings may be different than listed above.
We reserve the right to cancel your Membership without notice if, in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards, and frivolous use of features.
3. Fees and Charges, Billing Terms of Membership
Your billing period begins on the day you enroll ('Bill Date'). You will be billed once per month on the anniversary of your Bill Date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
Your membership also allows you to order a 3-Bureau Credit Report & Scores for a one-time fee if applicable. You may order up to one updated 3-Bureau Credit Report & Scores per day. Each order will incur one-time fee if applicable.
We may, in our sole discretion, offer, amend or remove any of our Membership plans. Membership fees are also subject to change. During the term of this Agreement, our prices are subject to change at any time. Prior to any price increase, we will give you notice via email, and you may cancel your Membership if you do not agree to the increase. You may decide not to accept these changes and cancel your Membership without obligation.
You authorize us to be your official payment-processing agent to collect payment by automatic credit card or debit card for products rendered. You agree to keep your payment information current during the term of this Agreement. If your method of payment for any charges described herein fails, you may lose access to your Membership. We reserve the right to cancel your Membership for unsuccessful payment attempts on your method of payment.
4. Terms of Termination/Cancellation Policy
This Agreement shall run from the date you register as a Member of our products until terminated by either you or us as described below.
You may cancel this contract at any time by giving us notice of your intent to cancel.
You may also cancel your Membership at any time, by giving us notice, if we inform you of a price increase or other material change in the product terms or benefits.
We may terminate this Agreement (and cancel your Membership) at any time for any reason.
We may terminate this Agreement (and cancel your Membership) immediately and without notice if we suspect that you are violating the terms of this Agreement or using our product inappropriately.
5. Third Party Terms
Some of the data within our products may involve third parties, such as the consumer credit reporting agencies (credit bureaus). You understand and agree that your access to and use of our products may be subject to restrictions imposed by these third parties. Additionally, you understand and agree that these third parties may need to collect additional personal information from you in order to verify your identity and provide you access to your information. You agree to comply with all third party terms and restrictions for which you receive notice, whether such notice is provided in writing or given online, and such restrictions are incorporated herein by reference.
We offer no assurances of the accuracy or timeliness of any information we obtain from a third party, nor any guarantee that we are able to transform this data for display properly.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE THIRD PARTY TERMS AND RESTRICTIONS, THEN THE THIRD PARTY TERMS AND RESTRICTIONS WILL APPLY.
6. Using our Smart Credit Report®
By using our product, you are giving your permission for us to obtain your credit report data from a third party. You understand that our system transforms this data into our Smart Credit Report® and that it is not to be confused with a regular/traditional credit report. Our product uses this data to make the Smart Credit Report® available to you.
Your permission for us to obtain your credit data in order to fulfill the services of your membership shall be valid continuously until you cancel your Membership account as per the terms of this agreement.
7. Our Scores
When you become a Member, we will receive your VantageScore® Credit Score from one or more credit bureaus. VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.
There are three different major credit reporting agencies, Experian, TransUnion, and Equifax that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.
There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender's score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.
In addition, we reserve the right to use our own internally developed score if necessary depending on the ability of a given credit report to generate a normal credit score.
All of our Scores may not be used to grant credit. They maybe estimates and are for educational purposes only.
8. Our Alerts from our System
You will get Alerts about your Membership and product activities to your email or other destination as you may indicate from time to time, such as your mobile phone. You agree to receive these emails in your inbox by ensuring they are not delivered to your spam box. You further agree to contact us if you believe you are not receiving these email Alerts in a timely manner. You also agree that you will update your email address if it changes during your Membership. You agree to keep your Membership and Alerts secure and private where appropriate.
Credit monitoring Alerts may take 48 hours to start, but may be delayed due to circumstances beyond our control. If we are unable to initiate your credit monitoring, for any reason, you will be notified by email.
You understand that the term Alerts is only a name and general description of Alerts. It is not intended to mean instant or protection of your credit or identity. Alerts are not guaranteed, nor do they guarantee protection of any kind and are delivered as is.
8.1. Mobile Message Service Terms and Conditions
You agree to receive recurring automated transactional, promotional, and personalized marketing text messages (e.g., SMS and MMS) from My Novae Credit. This includes text messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. Message and data rates may apply.
Message frequency will vary. My Novae Credit reserves the right to alter the frequency of messages sent at any time. My Novae Credit also reserves the right to change the shortcode or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. My Novae Credit, its service providers, and the mobile carriers are not liable for delayed or undelivered messages.
Text the keyword STOP to our shortcode or phone number to cancel. After texting STOP, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that My Novae Credit and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from My Novae Credit through any other programs you have joined until you separately unsubscribe from those programs.
If you are experiencing any problems, text the keyword HELP for help or call customer service at (678) 750-3787.
To resubscribe to SMS and MMS messages, text JOIN to our shortcode.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
9. Using Money Manager
Money Manager allows you to organize your personal finances by linking your online accounts such as your bank accounts, credit cards, loans, mortgages and investment accounts. You understand that we use a third party to gather this information electronically from online accounts you have established with a third party. Not all information shown on your third party online accounts may be available to you in Money Manager after you link. Information is usually updated every 24 hours, but is not guaranteed for accuracy, interval of update or intraday pending transactions. You understand that, from time to time, your username, password, and other authentication may be required to continue your link to your online account(s). You are representing that you have all legal rights and privileges to access and link to third party online accounts that you select.
You agree that you will accurately link your online account(s) to an account on your Smart Credit Report®, should you choose to make that link. If you link the wrong account, you agree to promptly change it to the correct account.
A. Bill Delivery and Presentment
You may use the Money Manager to request presentment of electronic bills from Payees. This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Payee directly if you do not receive your Payee statement.
By registering for and using the Money Manager to request presentment of electronic bills, you authorize and permit Our System (including its service providers and agents) to undertake the following actions on your behalf:
1. Access third party web sites, including web sites maintained by Payees designated by you, to retrieve your account and billing information; and
2. Use information submitted by you to Our System (such as account passwords and usernames) to provide Money Manager and to configure the services.
Our System may disclose your name, username, and user passwords that you provided during registration to third party web sites, so that Our System can obtain the information you requested and display it to you in connection with the Money Manager. When you register for the Money Manager, you authorize Our System to disclose such information in order to provide the Money Manager.
You acknowledge and agree that, for the limited purposes described in this section of the Terms, Our System shall be acting on your behalf and as agent for you, and the acts of Our System undertaken on Payee and other third party web sites to provide you with the Money Manager shall be deemed to be actions taken by you.
The Money Manager is not able to update or change your personal information, such as, but not limited to, name, address, phone number(s) and email address(es), that you have established with the electronic Payee. Any changes to such information will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for the electronic Payee site. You also agree not to use someone else's information to gain unauthorized access to another person's bill.
Upon activation of the electronic bill presentment feature, Our System may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary and may take up to sixty (60) days, depending on the billing cycle of the Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. It is your responsibility to keep your accounts current. A Payee may deny your request to receive electronic bills. In some instances, if you have made a Payment to a Payee through the Bill Payment Service, the Payee may elect to send your bills or monthly statement(s) to you electronically.
Our System will endeavor to present all of your electronic bills promptly through the Money Manager. In addition to notification within the Money Manager website, Our System may send an email notification to the email address listed for your Money Manager account. It is your sole responsibility to ensure that this contact information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Money Manager website and check on the delivery of new electronic bills. You are responsible for ensuring timely payment of all bills, regardless of whether or not Our System is able to present the electronic bills to you on a timely or complete basis. You agree to hold Our System and its service providers harmless should Our System or a Payee fail to deliver your monthly statement(s) or bill(s), or otherwise delay in such delivery. You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.
Our System is not responsible for the underlying accuracy of your electronic bill(s). Our System is only responsible for accurately presenting the information that Our System receives or obtains from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly. These Terms do not alter your liability or obligations that currently exist between you and your Payee(s).
B. Third Party Accounts.
By using the Money Manager Service, you authorize Our System to access third party sites designated by you, on your behalf, to retrieve information requested by you. You hereby authorize and permit Our System to use information submitted by you to the Money Manager Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Money Manager Service so that it is compatible with the third party sites for which you submit your information. For all purposes hereof, you hereby grant Our System a limited power of attorney, and you hereby appoint Our System as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN OUR SYSTEM IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, OUR SYSTEM IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that Our System's third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
Except for those relationships, you understand that Our System has no relationship to, affiliation, or connection with any third party sites available for use with the Money Manager Service. The Money Manager Service is not endorsed or sponsored by any such account providers. You agree that Our System assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site. You acknowledge and agree that Our System may not maintain the same level of security against unauthorized access to your account information as the third party sites from which you authorize Our System to retrieve information on your behalf.
C. Categorization of Transactions, Accounts or Other Information.
The categorization in the Money Manager Service is an estimated categorization provided for your information only, and does not indicate accurate status of any transaction, account or other information. You agree that you will not rely on the categories provided in Money Manager or set by you for any purpose, including without limitation, for tax deductions.
The term Our System may mean the use of a service such as a provider of data in order to provide you with our product. Certain information in this section is copyright protected and used with permission from a third-party service.
10. Using our action buttons
Our product gives you action buttons, so you can easily communicate requests directly to your creditors. These Actions are no different than if you contacted your creditor directly by telephone or in writing. You are under no obligation to use our action buttons.
You understand and agree that you control all Actions that you take during your Membership. We neither advise or recommend any actions on your behalf. You understand and agree that Action results or delivery are not guaranteed. Your creditors and other third parties that you initiate Actions with will make all decisions regarding whether to respond to and/or agree to your requests. You fully understand that you use our products at your own risk. We are never responsible for any costs or other damages you may incur as a result of any Actions you make while using our product. Please see the important disclaimers and limitations of liability below. When you take an Action, you certify that all Actions initiated by you are appropriate and lawful. In particular, you understand and agree that disputing any valid accounts/charges or inappropriately claiming identity theft may constitute fraud, which is a crime subject to possible fines and/or imprisonment. If we determine that you are using our product to commit fraud, we will immediately terminate your account and we may report your activity to an appropriate law enforcement authority.
In order to process your Actions, we collect your financial account and creditor information. We may be required to collect additional identifying information or to verify your information by using third party sources. You agree to provide any additional information that we require in connection with your Actions. You are also granting us your limited power of attorney, located in the section entitled "Grant of Limited Power of Attorney", in order to deliver your Action request to your creditor.
You agree that if you add a creditor of your own through our Custom Action feature you are solely responsible for this information. You also agree that you will not add any credit reporting agency as a creditor and that any credit report disputes to any credit reporting agency from our system is strictly prohibited.
We reserve the right (but shall not be obligated) to filter your Action requests through our validation and frivolous filter engines designed to avoid abuses, provide continuity and protect our communications to the source or furnisher of information (i.e. your creditor) that is the subject of your Action.
Actions do not accumulate or roll-over to a subsequent billing period. If you choose not to use your free Action allotment granted to you per each billing period of your Membership, they will no longer be available to you. There are restrictions to the number of free Actions your Membership plan provides, please see Membership Options & Pricing above.
11. Using PrivacyMaster®
Our PrivacyMaster® services are intended to assist you in exercising your privacy rights with various entities that control and process your personal information. When signing up for PrivacyMaster®, you authorize My Novae Credit to act as your agent in order to exercise your rights or privileges under state and federal laws and regulations, private contracts or commitments (including the privacy notices, terms of service, and other representations from companies regarding the processing of your personal information). You grant us the right to exercise such rights and privileges on your behalf, including, without limitation, the right to access and receive the categories and specific pieces of personal information about you (which may or may not be known by you), the right to request deletion of your personal information, the right to opt-out of certain processing activities (like the sale of personal information), the right to restrict the use of your personal information, the right to request rectification of your personal information, and the right to receive personal information from third-parties in fulfillment of your rights and privileges. You may withdraw your permission at any time.
My Novae Credit or ConsumerDirect, Inc®., which powers MyNovaeCredit may solicit engagement of PrivacyMaster® users to submit complaints to governmental agencies, regulators, and other parties with regard to privacy violations. In addition, users of PrivacyMaster® may be presented with opportunities to assert privacy violations on a class-wide basis along with others similarly situated. PrivacyMaster® users are not obligated to participate in any such activities.
By using PrivacyMaster®, you grant My Novae Credit and our licensees, successors, and assigns a limited, royalty-free, nonexclusive, license to collect, compile, process and display your personal information (in complete and/or redacted form) to provide our Services. This license permits us to make your personal information available to third parties to whom we submit requests on your behalf and display this information to you via the Services. Moreover, you grant My Novae Credit and our agents the right to communicate with third party organizations, including, but not limited to, data brokers, businesses, non-profit organizations, and governmental agencies on your behalf regarding your rights in and to your personal information. This includes the right to submit complaints on your (and others') behalf, with your consent, regarding violations of your privacy, consumer protection, confidentiality, data security, or similar laws, regulations, obligations or requirements.
12. User-Generated Content
Some features of our Services include the ability to post comments about and provide privacy ratings to data brokers, people-finding services, and other organizations. You retain rights to any means, the information, text, messages, photos, videos, graphics, audio, files, links, other media or materials uploaded or downloaded on or through our Services ("Content"). By posting Content you represent and warrant that you have, or have obtained, all rights, licenses, permissions, authority, and/or other consent necessary to grant the rights granted herein for any Content you submit.
By submitting Content, you grant My Novae Credit and our licensees, successors, and assigns a worldwide, royalty-free, nonexclusive, license (with the right to sublicense) to use, copy, reproduce, modify, perform, display, distribute, process, adapt, publish, transmit, and otherwise disclose to third parties any such Content in any manner and all media or methods presently known or later developed. This license permits us to make Content available to any and all third parties, whether known or unknown to you, and to use such Content to provide our Services and to promote, market, advertise, and improve the Services or other services owned by us. This license also authorizes us to disclose and/or make available Content to other individuals, legal entities, organizations, governmental bodies, or groups for the use of Content on other media or services, subject to our terms and conditions on such use. Any license, sublicense, distribution, disclosure, broadcast, republication or other use by the Company or third parties as permitted under this license is made without compensation paid to you with respect to the Content you provide on or through the Services as the use of the Services is hereby agreed as being sufficient compensation for the Content and the grant of rights herein.
Users of our Services are responsible for the Content they provide on or through the Services, including ensuring that the Content and the use of it complies with applicable laws, rules and regulations, and restrictions. My Novae Credit is not responsible for, nor does it endorse, nor shall it be treated as the publisher or speaker of any Content provided by any person or entity using the Services. We are not responsible for or represent the accuracy, truthfulness, completeness, soundness, legality, reliability, or availability of any Content provided via the Services. The use of or reliance on any Content posted or provided via the Services is entirely at your own risk. We may not monitor or control the Content posted via the Services and, if we choose to do so or not do so, such action shall not be considered to be an endorsement or support of any Content. We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You understand that, by using the Service, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.
13. Grant of Limited Power of Attorney.
You, the Member, hereby grant My Novae Credit, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
You further grant to My Novae Credit full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
My Novae Credit, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to My Novae Credit the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
14. Disclaimer of Warranties and Liability, & Indemnification
OUR PRODUCT AND INFORMATION PROVIDED HEREIN, INCLUDING ALL CONTENT, MEMBERSHIPS AND PRODUCTS ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE OF THE PRODUCT, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU VIA THE PRODUCT, INCLUDING (WITHOUT LIMITATION) ANY CREDIT DATA, CREDIT SCORING, CREDIT SCORING & SAVING CALCULATOR THE INFORMATION IN OUR CREDIT SEARCH ENGINE OR ANY ACTIONS OR ALERTS. ADDITIONALLY, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESPONSE THAT YOU WILL GET FROM CREDITORS OR OTHERS TO THE ACTIONS YOU TAKE. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR DETERMINING IF THE ACTIONS YOU REQUEST ARE APPROPRIATE OR REASONABLE. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL ACTIONS TAKEN BY YOU WITH YOUR ACCOUNT(S). YOU UNDERSTAND THAT OUR PRODUCT IS NOT ENGAGED IN RENDERING LEGAL, CREDIT COUNSELING OR OTHER PROFESSIONAL SERVICES. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF AN APPROPRIATE PROFESSIONAL SHOULD BE SOUGHT.
YOU SPECIFICALLY AGREE THAT WE, OUR SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF OUR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE My Novae Credit SERIVCE. WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE IN PREPARING OR PROCESSING YOUR ACTIONS OR OTHERWISE PROVIDING ANY PRODUCTS HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY CAUSED BY (I) TRANSMISSION OF INCORRECT OR INCOMPLETE DATA; (II) ERRORS IN INFORMATION IN THE Smart Credit Report®, CREDITOR SEARCH ENGINE OR OTHER INFORMATION PROVIDED VIA THE PRODUCT; (III) THE ACTIONS OF ANY THIRD PARTIES, INCLUDING (WITHOUT LIMITATION) THE LOSS OR REJECTION OF YOUR ACTIONS, (IV) A CHANGE IN YOUR CREDIT SCORE, CREDIT CAPACITY OR CREDITWORTHINESS BASED ON ACTIONS TAKEN, (V) REJECTIONS OF ACTIONS DUE TO ANY THIRD PARTY'S REFUSAL TO ACCEPT A DOCUMENT EXECUTED PURSUANT TO A POWER OF ATTORNEY; (VI) ACTIONS OF THIRD PARTY SERVICE PROVIDERS USED TO PREPARE, TRANSMIT AND/OR PROCESS ACTIONS OR DOCUMENTS FOR US; OR (VII) ANY INAPPROPRIATE ACTIONS REQUESTED BY YOU.
NEITHER WE, OUR SERVICE PROVIDERS, NOR ANY OF OUR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID CLIENT FOR YOUR MEMBERSHIP.
WE ARE NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE PRODUCT, THE INFORMATION PROVIDED VIA THE PRODUCT, OR THE ACTIONS TAKEN BY YOU. THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES. YOU AGREE TO ASSUME THE RISK FOR:
(II) ALL LIABILITIES DISCLAIMED BY US CONTAINED HEREIN; AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE LIMITED REMEDY PROVIDED HEREUNDER. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED HEREUNDER IS TO ALLOCATE THE RISKS AS PROVIDED ABOVE.
YOU HEREBY AGREE THAT My Novae Credit AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "CONSUMER DIRECT") SHALL NOT BE RESPONSIBLE FOR ANY AND ALL LIABILITY, LOSS AND COSTS INCURRED BY YOU IN CONNECTION WITH ANY ACCESS TO YOUR INFORMATION RESULTING FROM THE USE OF YOUR USER ID AND PASSWORD OR YOUR FAILURE TO ADEQUATELY PROTECT YOUR IDENTITY OR USER ID AND PASSWORD.
My Novae Credit IS NOT RESPONSIBLE FOR ANY OVERDRAFT/OVER-THE-LIMIT CHARGES OR BANK FEES TRIGGERED BY OUR PRODUCT FEES BEING PROCESSED OR BILLED. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
15. Arbitration and legal remedies
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING CUSTOMER SERVICE AT (678) 750-3787. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH My Novae Credit OR My Novae Credit'S SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF My Novae Credit AND/OR My Novae Credit'S SERVICE PROVIDER(S) HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), YOU, ON THE ONE HAND, AND My Novae Credit AND/OR My Novae Credit'S SERVICE PROVIDER(S), ON THE OTHER, EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. WE WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND My Novae Credit AND/OR My Novae Credit'S SERVICE PROVIDER(S), ON THE OTHER, WOULD BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES THAT MAY ARISE OUT OF YOUR USE OF OUR PRODUCTS. DO NOT ENROLL IN MEMBERSHIP OR OTHERWISE USE OUR PRODUCTS IN ANY WAY IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT.
YOU AGREE AND UNDERSTAND THAT YOU WILL HAVE NO OTHER LEGAL REMEDY, EXCEPT SMALL CLAIMS COURT, SHOULD YOU HAVE A CLAIM AGAINST US. THIS MEANS YOU AGREE TO ARBITRATE "ALL" DISPUTES AND CLAIMS BETWEEN US AND THAT THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a Member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to member.mynovaecredit.com, My Novae Credit and us includes subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and My Novae Credit/mynovaecredit.com are each waiving the right to a trial by jury or to participate in a class action forever. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
In the event we are found liable for any cost or damage suffered by you, the liability of My Novae Credit and its employees and agents shall be limited to the Membership and/or Action fees associated with the particular Action in question. The remedies set forth in this paragraph and termination of this Agreement as specified above are your exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the products provided hereunder. To the extent permitted by law, our liability for any claim of any kind relating to this agreement or the products provided hereunder shall not exceed the amount paid by you to us for our products during the preceding twelve (12) months.
IN NO EVENT SHALL WE, OUR SERVICE PROVIDERS, NOR ANY OF OUR RESPECTIVE AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with their rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.
A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.
You are each waiving the right to a trial by jury or to participate in a class action. The cost of any arbitration proceeding shall be split between You and Us. At your request, we will promptly reimburse you for your portion of the payment of your arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request).
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures).
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You agree that the arbitrator may not consolidate more than one person's Claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in Section 15 shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law.
BECAUSE YOUR PURCHASE AND USE OF OUR PRODUCT REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING, EXCEPT FOR SMALL CLAIMS COURT. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act ("FCRA") and/or the FCRA's state law equivalent(s), are not subject to or governed by this agreement to arbitrate. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
16. General Terms
(a) You understand that we are providing you a Product and not a Service. You understand that you may cancel at any time without any further obligation.
(b) Any dispute arising hereunder or related to products provided by us shall be resolved according to the laws of the State and County of Defending Party, without regard to conflict of law.
(c) Jurisdiction and Venue shall be 'exclusively and only' in the State and County of Defending Party. If you need to serve us with process or demand for Arbitration, the name and address of our agent for service of process is: Reco McCambry - 1506 Klondike Rd Suite 403 Conyers, GA 30094.
(d) All notices required or permitted hereunder shall be in writing and sent via our on-line contact us form in our help center of our web site or mailed to My Novae Credit - 1506 Klondike Rd Suite 403 Conyers, GA 30094
(e) We reserve the right at any time and without prior notice to you to change the product's available hours of operation or to limit your access to the product in order to perform repairs, make modifications, or as a result of circumstances beyond our reasonable control.
(f) The Service Agreement set forth in this Agreement constitutes our entire agreement relating to the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any correspondence or purchase order, shall be of no effect.
(g) If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
(h) From time to time we may revise this Service Agreement. Revisions will be effective when posted or as otherwise stated with notice to you. Additional terms and conditions may apply to specifics of our Memberships, Products or to participate in our affiliate program, contests or surveys.
(i) You represent that you have read this Service Agreement and that you understand these terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the product and your Membership, My Novae Credit is relying on your agreement to be bound by the terms of this agreement.
17. About Third Party Offers, if any
From time to time you may see third party offers from our partners. We do not guarantee any presentment of offers for any particular types of products or services, nor that you will meet the approval criteria for any particular offer shown. It will be your choice in all circumstances to apply for any product or service offered by our partners.
19. The Federal E-Sign Act (HR-1714) on Final Digital Signature
You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
20. NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
To cancel this contract, simply log in to your account at member.mynovaecredit.com.
Or, alternatively, you may also cancel this contract by mail. Please deliver a signed and dated copy of this cancellation notice, or any other written notice, to: My Novae Credit - 1506 Klondike Rd Suite 403 Conyers, GA 30094.
[ ] I hereby cancel my contract, and am within my five-day right to cancel.
[ ] I hereby cancel my contract.
Print Name________________________________________________ [required]
User Name_________________________________________________ [required]
Email you used to sign up________________________________ [required]
Date of Birth_____________________________________________ [required]
Telephone (may be used to verify your identity and your intent to cancel) (_____) ____________
Reason for cancellation_____________________________________________
Signature [required]:__________________________________________ Date:___________
Please print the above cancellation notice form, complete, sign, date it and mail to
My Novae Credit – 1506 Klondike Rd Suite 403 Conyers, GA 30094.
21. Notice for Users in California
This notice is for users of the website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.