CREDIQUE LLC TERMS AND CONDITIONS

(Last Updated April 2021)


Welcome to this website, which offers one or more products and services. These products and services are offered at www.creditverify.ca and are referred to in these Terms and Conditions as the “Site.” We use the terms “you” and “your” to include any person who accesses the Sites, obtains Materials (defined below), or purchases, acquires or uses any product or service offered on the Sites (“product(s)” and “service(s)” collectively referred to as the “Services”) for any amount of time. We use the terms “we,” “us,” and “our” to refer to Credique LLC (the “Company”), which operates the Site; our employees, members, officers, partners, affiliated entities, representatives, attorneys, and agents. The company that provides the Materials or the Services to us or to you includes but is not necessarily limited to TransUnion® Interactive, LLC (all such companies that provide Materials and Services to you on our behalf are referred to collectively in this Agreement as the “Providers”). We use the term “Materials” to mean any data or information about you that we provide to you on any web page, email, text message, instant message, or printed page, including full and partial reports and summary alerts, as full or partial fulfillment of the Services.

The Services are a digital money management service that allows registered users to organize, consolidate, manage and track their financial information. From time-to-time CreditVerify may modify the Services and add, change, or delete features of the Services, in its sole discretion, without notice to you.

  1. This is a Binding Agreement

    These Terms and Conditions are a binding legal agreement between you and us and govern your access to the Sites and your purchase and use of the Services. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

  2. The Services

    The Services consist of the products and services described on the Sites, and include but are not limited to all products and services provided on a recurring, subscription basis ("Subscription Services") or as a one-time transaction ("Transactional Services"). You acknowledge and agree that the Company obtains the Materials from the Providers. The Materials are intended to furnish you with information that you may not otherwise have readily available to you, but should not be relied upon for important personal and financial decisions. You should consult your own professional adviser for specific advice tailored to your personal situation. YOU AGREE THAT THE COMPANY AND THE PROVIDERS HAVE NO LIABILITY FOR ANY INFORMATION (ACCURATE OR INACCURATE, COMPLETE OR INCOMPLETE) IN THE MATERIALS OR ANY REPORTS PROVIDED TO YOU AS PART OF THE SERVICES. If you enroll in a Subscription Service, you must ensure that it provides the information you desire for the location you desire.You may cancel at any time. During the trial or the grace period, we reserve the right to impose quantity limits of our Services. Should you submit a partially completed registration, you may receive limited access to the member portal on the Site.

    We offer our Services to select provinces and territories and we make no representations or warranties that the information, products, or services provided through our Services are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

    We are not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or provincial or territorial law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.

  3. How to Cancel Your Enrollment in Subscription Services

    You may terminate your enrollment in Subscription Services by calling us at the toll-free number that appears on the applicable Site and on the emails that you receive from us. If you do not have access to a phone, you may terminate by writing to us at 8605 Santa Monica Blvd #92818, West Hollywood, CA 90069-4109 USA, and requesting termination. You may not cancel via an email to us. We do not provide prorated refunds.

    Cancelling your Subscription Services ends your recurring monthly payments as well as your premium features, however, it may not cancel the access to your CreditVerify membership, which includes all basic features and credit education.

    As a member, you may use some, but not all, of the features and services available within the Service. To access additional features and services, you must become a paying subscriber to the Service, either through purchases of Subscription Services or Transactional Services.

  4. Purchases of Transactional Services are Final

    Transactional Services typically involve an order process associated with your request to purchase and receive a specific product and/or service, including but not limited to your credit report(s) and credit score(s) from the Providers. We will not issue a refund to you for any Transactional Services that allow you to access your credit report(s) and/or credit score(s) following the completion of your transaction.

  5. Our Policy Regarding Minimum Age and Children

    By using the Sites or purchasing or using the Services, you certify that (i) you are old enough to legally enter into a contract in your jurisdiction of residence, and (ii) you have the legal capacity and authority to enter into a contract. The minimum age required to register for a CreditVerify account varies by province. Check out the list below for the specific age for each province. Note that CreditVerify isn’t available in every province just yet. The Sites are not intended for the use of children and we do not intend to collect information about children through the Sites.

    Alberta – 18
    British Columbia - 19
    Manitoba - 18
    New Brunswick - 19
    Newfoundland - 19
    Nova Scotia - 19
    Ontario - 18
    Prince Edward Island - 18
    Saskatchewan - 18

  6. In Order to Use the Sites and the Services, You Must Provide the Following Information:
    • You must provide valid debit/credit card, PayPal or misc (ie Direct debit) payment information at the time of enrollment in Subscription Services, or at the time of purchase of Transactional Services. We will verify your payment information before processing your order, including performing an authorization in an amount up to the stated monthly membership fee for all Subscription Services, and/or all fees associated with the purchase of Transaction Services. The authorization amount may count against your debit/credit, PayPal or misc payment source limit. For Subscription Services that include a trial or a grace period, you will be charged at the end of such period at the monthly rate in effect at that time for the Subscription Services for which you enrolled. Your payment option (including, if applicable, as automatically updated by your card provider following expiration or change in account number) will continue to be charged each month at the applicable monthly rate unless and until you cancel the Subscription Services. IF THE SERVICES YOU CHOOSE INCLUDE A TRIAL OR A GRACE PERIOD, YOUR TRIAL OR GRACE PERIOD IS MEASURED IN A DAY OF SIGN UP PERIOD. FOR EXAMPLE, IF YOU SIGN UP FOR A 7-DAY TRIAL OR GRACE PERIOD AT 12:01 A.M. OR 11:59 P.M. ON MARCH 1, 2019, YOUR TRIAL OR GRACE PERIOD WILL EXPIRE END OF DAY ON MARCH 7 AND BILLED AS EARLY AS 12:00 A.M. ON MARCH 8.
    • You may be required to provide your personal information, such as previous addresses, employment, and other names so that your identity can be verified in order to use some Services. You agree to provide accurate, current and complete information about yourself while registering for the Services and to maintain and update this information to keep it accurate, current and complete. You agree to not misrepresent your identity or your registration and account information. Failure to provide accurate and complete information during registration or account setup may prohibit your use of the Services or result in errors in information generated.
    • We encourage our users to provide us with their SIN to help us generate the credit report for them. However, providing SIN is completely optional.
    • You must provide true, accurate, and complete information about yourself as prompted by the applicable form(s) for the Services and, for Subscription Services, to promptly update your information if and when it changes. If you provide any information that is untrue, inaccurate, or incomplete, or we have reason to believe that such information is untrue, inaccurate, or incomplete, we reserve the right to terminate your subscription or void your transaction.
  7. Important Information Regarding Your Authorization to Charge Your Credit/Debit Card, PayPal or other Misc Payment Option

    BY SUBMITTING YOUR ORDER, YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, PAYPAL OR MISC PAYMENT OPTION THE STATED ENROLLMENT OR TRANSACTION AMOUNT AND/OR PROCESSING FEES, AND/OR SALES TAX (HST, GST, PST, QST) AND FOR SUBSCRIPTION SERVICES ONLY, THE STATED AMOUNT PER MONTH AFTER YOUR TRIAL OR GRACE PERIOD HAS EXPIRED. Your enrollment in Subscription Services will continue month to month unless and until you cancel or we terminate your enrollment. If you purchase additional Services, they will be billed to the payment option provided to us during enrollment. Please note your payment option may be charged in US Dollars. In cases where US Dollars is charged, we may discount the monthly membership fee to offset potential exchange rate costs. If users buy certain upsell offers, which are separate service add-ons, they may receive a separate charge for those add-ons. Their bank statement may show two separate charges from two different billing merchant names or two separate charges from the same billing merchant.

  8. Third Party Provider Services

    In connection with your use of the Services and as part of the functionality of the Services as may be applicable, you may have access to certain online services or information that may be made available by your bank and/or other third party provider(s) ("Provider Services"), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from third party provider(s). The Services may be designed to allow access to Provider Services (if and to the extent provided by users' provider(s)) to set up banking and other information, schedule the Services to access user account(s), download transactions into the Services and otherwise aggregate information from user account(s) with third party provider(s). CreditVerify has no control over the provision of Provider Services or provision of access to the Provider Services by users' provider(s). CreditVerify does not guarantee the Provider Services. You agree that you may be able to use the Services in conjunction with the Provider Services, and that CreditVerify disclaims any and all liability whatsoever for any actions or inactions on the part of your provider(s) resulting in any inability to use the Services to access accounts, obtain data, download transactions, or otherwise use or access the Provider Services.

    You acknowledge and agree when you access data and information through the Services, third party provider account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your user account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits as may be applicable (collectively, "Provider Account Data"), may be collected and stored in the Services. You expressly authorize CreditVerify and our third party providers, in conjunction with the operation and hosting of the Services, to use certain Provider Account Data to (i) collect Provider Account Data, (ii) reformat and manipulate such Provider Account Data, (iii) create and provide hypertext links to provider(s), (iv) access the providers' websites using Provider Account Data, (v) update and maintain account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii) above. In accessing and using the Services you represent that you are the legal owner of the Provider Account Data and that you have the authority to appoint, and do expressly appoint, CreditVerify or our third party providers as your agent with limited power of attorney to access and retrieve Provider Account Data on your behalf. You further acknowledge that CreditVerify does not (nor do our third party providers), review Provider Account Data and you agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider's website are not made through the Services and CreditVerify assumes no responsibility for such transactions or activities. You acknowledge that you are solely responsible for any charges associated with provider(s). YOU ACKNOWLEDGE AND AGREE THAT WHEN CREDITVERIFY OR ITS THIRD PARTY PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM USERS' PROVIDERS, CREDITVERIFY AND ITS THIRD PARTY PROVIDERS ARE ACTING AS USERS' AGENT, AND NOT THE AGENT OR ON BEHALF OF PROVIDERS.

    You further acknowledge and agree that (i) some providers may not allow the Services to access the Provider Services, (ii) providers may make changes to their websites, with or without notice to CreditVerify, that may prevent or delay aggregation of information from such websites, and (iii) the Services may "refresh" the Provider Account Data by collecting the Provider Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to user in the Services. In the event that you see a discrepancy in the Provider Account Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you agree to check the last refresh date for the account and confirm with that applicable provider that the Provider Account Data is correct or otherwise confirm that Provider Account Data is up to date and accurate.

  9. Privacy Policy

    By using any of the Sites or purchasing any of the Services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. Our Privacy Policy can be found by clicking on the Privacy Policy link at the bottom of any page of the Sites.

  10. Copyright and Trademark Notices

    You acknowledge that the Sites and other forms of communication, including but not limited to electronic mail and direct mail, contain information, software, photos, video, text, graphics, music, sounds, or other material (collectively, "Content") protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Content is copyrighted under U.S. copyright laws. The Services names and logos are our service marks. All other service marks and trademarks appearing on the Sites are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any Content in whole or in part.

  11. We Reserve the Right to Terminate Your Subscription

    We reserve the right to terminate your membership or access to the Services at any time without notice, for any reason, including but not limited to (i) breach of these Terms and Conditions by you or anyone using your account, (ii) nonpayment for the Services or expiration of your subscription period, (iii) conduct we believe is harmful to the Services users, the business of the Company, or the Company's affiliates, (iv) those reasons otherwise described in these Terms and Conditions, or (v) any other circumstances that we determine, in our sole discretion, merit termination. Any such termination may be without any refund to you of advance payments. You agree that we will not be liable to you or to any third party for any termination of your membership or termination of your access to the Services.

  12. Sending and Receiving Information Over the Internet

    You understand and agree that no data transmitted over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit or access will be free from unauthorized third-party intrusion. You understand and agree that all actions you take in submitting or accessing information through the Sites or the Services are at your own risk and are subject to these Terms and Conditions, including but not limited to the “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” sections set forth below.

  13. Account Security

    You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Services (collectively, "Account Information"), (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, "Account Data"), (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Account Information ("Communications"), and (d) without limiting the foregoing, any and all activities that occur under your account. CreditVerify shall assume that any Communications received through use of the Account Information were sent or authorized by you. You agree to immediately notify CreditVerify if you become aware of any loss, theft or unauthorized use of any Account Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Account Information has occurred. You must inform CreditVerify of, and hereby grant to CreditVerify and its affiliates, third-party providers, partners, licensors, employees, distributors and agents permission to use the Account Information to enable CreditVerify to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services CreditVerify may provide to you in the future.

  14. Changes to Prices and Terms and Discontinuance of Service

    If you enroll in Subscription Services, you agree to pay all charges at the effective monthly price. If you purchase Transactional Services, you agree to pay the price in effect at the time of such purchase. All prices are exclusive of any taxes, except as required by applicable law. We reserve the right to change prices or to institute new charges for the Services, or any portion thereof, at any time. Price changes and new charges will apply to subsequent subscription periods for current paid subscribers immediately on the effective date of the change and to all new Subscription Services users from such effective date forward. We reserve the right at any time to modify, suspend, or discontinue the Sites and the Services, or any part, version, or feature thereof, in our sole discretion without prior notice to you. We will use reasonable efforts to notify you of any such material modifications to or suspensions or discontinuations of the Sites or the Services, including by posting a notice on the applicable Site. We may also, but are not required to, provide you notice by sending an email message to the current email address listed in your subscription. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Sites or the Services, or for any failure to notify you of the same. If you have a paid subscription to the Services and we modify, suspend, or discontinue the Services due to no action on your part, when applicable, we may provide a prorated refund of advance payments made. Your continued use of the Services or of the Sites, or your failure to terminate your subscription, after any such changes, modifications, or charges have been made to the Sites and/or Services, will constitute your acceptance of those changes, modifications, and charges.

  15. Prohibited Acts

    By using the Sites or the Services, you agree that you will not engage in any conduct that:

    • interferes with or disrupts the Sites or the Services.
    • intentionally or unintentionally violates any applicable local, state, national, or international law.
    • could subject the Company or the Providers to any legal liability, whether in tort or otherwise.
    • would violate or attempt to violate our systems or network security.
    • would abuse the Services or the Sites.

    In addition, by using the Sites or the Services you agree to comply with all laws, ordinances, rules, regulations, and requirements imposed by applicable governments and regulatory agencies regarding your use of the Services and the Sites. You may not reproduce, duplicate, copy, sell, resell, or exploit any part of the Services or the Sites.

  16. Our Trademarks, Service Marks, and Trade Dress

    You are not authorized to use our trademarks, service marks, or trade dress, and you agree not to display or use them in any manner. The Sites and the Services are intended for your personal, non-commercial use only.

  17. We Will Cooperate with Law Enforcement Authorities and the Courts

    We have no obligation to monitor your use of the Sites or the Services. You agree, however, that we retain the right to monitor your use of the Sites and the Services and to disclose any information as necessary or appropriate to satisfy any law, regulation, or governmental request, to operate the Sites and the Services properly, to ensure your compliance with these Terms and Conditions, and to protect us, our affiliates, the Providers, and the general public. We reserve the right, and you hereby authorize us, to cooperate with law enforcement authorities, including but not limited to complying with warrants, court orders, and subpoenas. We also reserve the right, and you hereby authorize us, to comply with any civil court orders and subpoenas. In addition, if we decide to investigate or resolve possible misuse by you involving the Sites or the Services, you authorize us to disclose to law enforcement or other government officials any information about you in our possession in connection with your use of the Sites or the Services. We may take the actions described above without giving notice to you.

  18. Important Information Regarding Identity Report and Family Safety

    You acknowledge and agree as follows:

    • It is possible that information accessed or obtained through the Sites may not reflect current residences, employment, school attendance, or other information regarding registered sexual offenders, and you agree that it is incumbent upon you to verify the accuracy of any Data provided to you. You may do so by checking the applicable provincial governmental website. With regard to someone identified as a registered sexual offender, you agree that you will contact the responsible provincial agency and/or the local law enforcement agency where the offender resides, works, or attends school, as applicable, before accepting any such information as valid. If you believe that any portion of the Data is not accurate, you will communicate with the appropriate provincial agency.
    • You will not use the Data or information contained in or accessed through this website to threaten, intimidate, or harass any individual, and if you do, you acknowledge that you may be subject to criminal prosecution or civil liability under federal and/or state law. • You acknowledge and agree that mistakes can and do occur in the Data and in the information gathered from governmental websites.
    • The Company provides no guarantee, warranty, or representation as to the accuracy, timeliness, or completeness of the Data.
    • The Providers may cease business operations, file bankruptcy, or cease providing Data to the Company at any time, over which the Company has no control, and for which you agree the Company has no responsibility.
    • The Company has no responsibility or liability for damages of any kind resulting from your use of the Data.
  19. Important Information Regarding Indemnity

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, OUR PROVIDERS, THE CRA REPOSITORIES, AND OUR PROVIDERS, AND THE CRA REPOSITORIES' OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATED ENTITIES, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO (I) A VIOLATION BY YOU OF THESE TERMS AND CONDITIONS, OR (II) ANY ACTIVITY RELATED TO THE USE OR MISUSE OF THE SITES OR THE SERVICES BY YOU OR BY ANY OTHER PERSON ACCESSING THE SITES OR THE SERVICES USING YOUR ACCOUNT. WE AND OUR PROVIDERS RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY INDEMNIFIED MATTER AT YOUR EXPENSE AND DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

  20. Important Information Regarding Disclaimer of Warranties and Limitations of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES AND MATERIALS (AND THE INFORMATION CONTAINED THEREIN) ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS. WE, OUR PROVIDERS AND THE CRA REPOSITORIES EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND INFORMATIONAL CONTENT. THE INFORMATION CONTAINED ON THE SITES OR VIA THE SERVICES, INCLUDING THE MATERIALS, DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. WE, OUR PROVIDERS, AND THE CRA REPOSITORIES MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SITES, THE SERVICES (AND THE INFORMATION CONTAINED THEREIN OR TRANSMITTED THEREBY), OR THE MATERIALS ARE ACCURATE, ERROR-FREE, COMPLETE, OR VALID, (II) THE SERVICES OR THE MATERIALS WILL BE DELIVERED IN A TIMELY FASHION, (III) THE SERVICES OR MATERIALS WILL BE DELIVERED ON AN UNINTERRUPTED BASIS OR BE ERROR-FREE, AND (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE MATERIALS WILL BE RELIABLE. IN THE EVENT THE COMPLETION OF SERVICE IS DEPENDENT ON THIRD PARTY, OR IF THE KBA (KNOWLEDGE-BASED AUTHENTICATION) QUESTIONS ARE NOT CORRECTLY ANSWERED CREDIQUE LLC SHALL NOT BE HELD LIABLE. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND THE MATERIALS IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT WE, OUR PROVIDERS, AND THE CRA REPOSITORIES WILL NOT BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, MULTIPLIED, ADDITIONAL, STATUTORY, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SITES OR THE SERVICES, EVEN IF WE, OUR PROVIDERS, OR THE CRA REPOSITORIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON THE COMPANY OR ANY PROVIDER OR ANY CRA REPOSITORY, THEN YOU AGREE THAT THE COMPANY'S, THE APPLICABLE PROVIDER'S, OR THE APPLICABLE CRA REPOSITORIES' TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM THE COMPANY'S, THE APPLICABLE PROVIDER'S, OR THE APPLICABLE CRA REPOSITORIES' ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE ONE MONTH PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE, OR  $19.95, $24.95, $29.95 and $34.95 WHICHEVER IS LESS.

  21. Arbitration

    In the interest of resolving disputes between you and Credique LLC in the most expedient and cost-effective manner, you and Credique LLC agree that every dispute arising in connection with the Agreement will be finally resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, extra-contractual liability, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

    YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND CREDIQUE LLC ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

    Despite the provisions of Section 21, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, provincial, territorial, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.

    All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (the “ADR Rules”), except as otherwise set out in this Agreement. The language of the arbitration will be English.

    A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice"). Credique LLC’s address for Notice is: Credique LLC, 8605 Santa Monica Blvd #92818, West Hollywood, California, 90069-4100 USA, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and Credique LLC agree to use good faith efforts to resolve the claim directly, but if you and Credique LLC do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Credique LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Credique LLC agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

    If you commence arbitration in accordance with the Agreement, Credique LLC will reimburse you for your payment of the commencement fee, unless your claim is for more than ten thousand Canadian dollars ($10,000), in which case the payment of any fees will be decided by the ADR Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but if the claim is for $10,000 Canadian dollars or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the ADR Rules in the jurisdiction of your registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the ADR Rules. In that case, you agree to reimburse Credique LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the ADR Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

    YOU AND CREDIQUE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    Further, unless both you and Credique LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

    If Credique LLC makes any future change to this arbitration provision (other than a change to Credique LLC’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Credique LLC's address for Notice, in which case your account with Credique LLC will be immediately terminated

  22. Offers from Third Parties

    While you are on the Sites, you may receive offers from third parties that are unrelated to the Company. You do not have to accept those offers to enroll in any of the Services or to accept the Services. However, if you do accept any third-party offers, or visit any websites regarding such offers, you do so subject to the Terms and Conditions (sometimes also referred to as Terms of Use or Terms of Site) and the Privacy Policies of those sites. You acknowledge and agree that the Company has no control over, or responsibility or liability for, any offer, statement, or representation by, or any other matter connected or associated with, such third-party offers or websites.

  23. How We May Contact You

    We may communicate with and to you by email sent to the email address that you entered on a Site. If you have not provided an email address, we may communicate with you at any email or postal address that we reasonably believe is your address. You agree that all such notices and other communications that we provide to you via email satisfy any legal requirement that such communications be in writing.

  24. Not a Credit Repair Organization or Contract

    We may offer access to your credit report and other credit information through one or more of the Services. Neither we nor the Providers are credit repair organizations, and neither we nor the Providers are offering to sell, provide, or perform any service to you for the express or implied purpose of either improving your credit record, credit history, or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the credit reports, the Sites, or the Services in order to do so. Accurate adverse information in your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant Repository, and follow the appropriate procedures for notifying the Repository that you believe your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various Repositories related to the removal of inaccurate, non-fraudulent information is available for free.

  25. Miscellaneous Terms

    These Terms and Conditions constitute the entire agreement between you and us relating to the Sites and the Services and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Sites and the Services and any other subject matter covered by these Terms and Conditions. Our failure to exercise or enforce any right under or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions will remain in full force and effect. You may not assign these Terms and Conditions or any of your rights or obligations under the Terms and Conditions. These Terms and Conditions may be assigned by us and will inure to the benefit of our successors, assigns, and licensees. The section titles and headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. All of the Company's Providers are third-party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. All provisions in these Terms and Conditions that by their nature would survive termination or expiration of your access to the Sites or the Services subscription (including but not limited to those related to limits on our and our Providers' liability, your liability to us and our Providers, investigations, applicable law and venue, and our right to remove and discard your content from the Services) will survive such termination or expiration. In the event of cancelation, termination, or cessation for any reason of your membership in any of the Services, the introductory paragraph of this Agreement, sections 1-4, and 16-25 of these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer, or other term contained in this website, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.