Credit Hero Terms of Service

Welcome to Credit Hero (“we,” “our,” or “us”). By accessing or using our website (the “Website”), mobile application, or any related services (collectively, the “Services”), you (“you” or “User”) agrees to be bound by these Terms of Service (“Terms”) and our [Privacy Policy]. You are responsible for regularly reviewing the Terms, by clicking on the “Terms of Use” link on the Website.

YOU UNDERSTAND THAT BY VISITING THE WEBSITE OR USING THE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT (1) YOU AND Credit Hero ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND (2) YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST Credit Hero. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE WEBSITE, SERVICES, OR ANY INFORMATION CONTAINED ON THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES FOLLOWING THE CHANGES TO THESE TERMS OF SERVICE WILL MEAN YOU ACCEPT THOSE CHANGES.

If you agree to the Terms on behalf of an entity, or in connection with providing or receiving services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and agree that you are binding both you and that entity or agency to the Terms. In that event, “you” and “your” will refer and apply to you and that entity.

Your affirmative act of using the Services and/or creating a Credit Hero membership constitutes your electronic signature to this Agreement, which includes our Privacy Policy. This Agreement and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

1. INFORMATIONAL PURPOSES; NO PROFESSIONAL ADVICE.

THE INFORMATION, CONTENT AND MATERIALS CONTAINED AT AND WITHIN THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELING AND/OR ADVICE FROM CERTIFIED LEGAL OR FINANCIAL PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST SEEK ADVICE FROM QUALIFIED LEGAL, TAX OR FINANCIAL ADVISORS.

We are not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state 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. We do not make any guarantees or promises regarding the improvement of a consumer’s credit score or financial situation. We do not endorse, guarantee, or monitor the performance of any Service Provider or Affiliate. We do not endorse or monitor any claims or guarantees that are made by any Service Provider or Affiliate. Additionally, we do not guarantee that the information we present as part of our Services, including credit report or credit score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment. We do not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website.

Any information contained on the Website with respect to results obtained is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present members or the circumstances of their specific matters do not constitute testimonials or endorsements by such members, nor are they a guarantee, warranty or prediction of the outcome of your matter.

Consumers are responsible for understanding the nature of the services provided by the credit repair companies they choose to engage with. Consumers must conduct their own research and due diligence before entering any agreements.

2. SERVICES.

We operate an online marketplace platform (the “Platform”) that connects:

• Consumers – any user of the Website seeking credit improvement or credit-related services;
• Credit Repair Organizations (“CROs” or “Service Providers”) – credit repair businesses using the Website, that offer or perform services for Consumers; and
• Affiliates – lenders, real-estate professionals, or other professionals using the Website to refer their clients to the Platform.

The Website gives users general educational and informational resources about the Services, and the ability to register for the Services. “Services” shall mean the

Services for Consumers: the Platform connects Consumers with CROs that may offer consumers credit repair services.

Services for CROs: the Platform connects CROs with Consumers that may need credit repair services.

Services for Affiliates: the Platform allows Affiliates to connect their Consumers to CROs that may offer consumers credit repair services.

You are not required to sign up for our Services in order to visit and read material on the Website, however, you will need to register in order to use and take advantage of the Services.

Not all Services are available with every membership plan. Once you successfully register, you will have immediate access to the registered Services through a personal member portal (“Portal”) accessible on the Website, where you can view your Member Profile as well as the specific Services you have registered with, and any results of such Services. It is the member’s responsibility to log into the Portal frequently to use and/or to check the status of any provided Services. We may, at our discretion, modify or discontinue any of the Services or a portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of any of the Services. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made to the Services, will constitute your acceptance of those modifications.

Credit Hero merely makes the Website available to enable Service Providers and Consumers to find and transact directly with each other. We do not introduce Service Providers to Consumers, find Consumers for Service Providers, or find Service Providers for Consumers. Through the Website, Service Providers may be notified of Consumers that may be seeking the services they offer, and Consumers may be notified of Service Providers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any service, Consumer or Service Provider on their own. Any agreements for credit repair services are directly between Consumers and Service Providers. Where applicable, any agreements between Affiliates and Consumers are between Affiliants and their clients. Credit Hero is not a party to the relationship or any dealings between Consumer and Service Providers or Affiliates.

3. REGISTRATION.

To access certain areas or features of the Website and to participate in the Services, you will be required to register as a member and to provide certain information about yourself. When you register, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services (collectively, such information is your “Member Profile.”)

To register as a Consumer, you must be a living individual and not a robot, you must be eighteen (18) years of age or older and have a valid U.S. Social Security number. Service Providers and Affiliates must be duly organized entities or licensed professionals authorized to conduct business in their jurisdictions. You must reside in the contiguous United States while using the Services. Any methods to obscure or hide the country or location of a computer or device along with the use of a VPN, Private or Proxy IP to connect to the Website or use the Services is strictly prohibited. The country listed in your Member Profile must be the country you are both living in, and logging into your member account from. You are only allowed to sign up for yourself, and you agree to provide complete, accurate and current information, and to update this information when it changes. We do not permit any person to sign up for the Services on behalf of another person unless you have an appropriate Power of Attorney. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your membership and refuse current or future access to the Website or Services. Further, you agree that we will not be liable to you or any third party in the event that we suspend or terminate your access to the Services for any reason.

Should we provide to you, or allow you to create a username and/or password which grants you to access certain parts of the Website and Services, you will be solely responsible for maintaining the confidentiality of the username, password and your account information, and are fully responsible for all activities, including electronic communications, that occur under and on behalf of your account. You agree that you will immediately notify us of any unauthorized use of your password or account, or any other suspected breach of security, and that you will log off of the Website and Services at the end of each session to prevent fraud on your account by third parties. The Website and Services are not intended for use by children under the age of 18. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

When you register for a Member Profile and from time to time thereafter, your Member Profile will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Credit Hero. You authorize Credit Hero, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some features of the Services may be temporarily limited. When a verification is successfully completed, the features will be restored.

4. THIRD PARTY SERVICES.

We may use certain third party service providers to provide services or to gather data and authenticate information regarding you, your device, and your accounts. In some instances, this may require you to accept third-party software tools and products through the Services. We do not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third party through the Services or Website. If you use any product or service offered by a third party in conjunction with the Services or Website, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third party product or service; (ii) we do not control the third party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third party.

5. CONSUMER SPECIFIC TERMS

As a Consumer you authorize us to share information you submit to us on the Website with potential Service Providers for matching purposes, consistent with our Privacy Policy.

You acknowledge, agree, and understand that Credit Hero is not a party to the relationship or any dealings between Consumer, Service Provider and/or Affiliates. Consumers are solely responsible for: (a) ensuring the accuracy and legality of any Service Provider or Affiliate content; (b) determining the suitability of Service Providers; (c) negotiating, agreeing to, and executing any terms or conditions of contracts with Service Providers; and (d) paying for Service Provider services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a contract with a Service Provider and for verifying any information about the Service Provider. Credit Hero does not make any representations about or guarantee the truth or accuracy of any Service Provider’s content on the Website; does not verify any feedback or information provided by Consumers or Affiliates about Service Providers; and does not perform background checks on or guarantee the work of Service Providers. You acknowledge, agree, and understand that Credit Hero does not, in any way, supervise, direct, or control, Service Providers or their work and is not responsible for any service, service terms or work product provided by the Service Providers. Credit Hero makes no representations about and does not guarantee, and you agree not to hold Credit Hero responsible for, the quality, safety, or legality of Service Provider services; the ability of Service Providers to deliver Service Provider services; statements or posts made by Service Providers; or the ability or willingness of a Service Provider to actually complete a transaction.

You also acknowledge, agree, and understand that Service Providers are solely responsible for determining, and have the sole right to determine, which Consumers to accept; the time, place, manner, and means of providing any Services; the type of services they provide; the price they charge for their services; and how that pricing is determined or set.

6. CREDIT REPAIR ORGANIZATION (SERVICE PROVIDER) SPECIFIC TERMS

You acknowledge, agree, and understand that Credit Hero is not a party to the relationship or any dealings between Consumer and Service Provider. Service Providers are solely responsible for: (a) ensuring the accuracy and legality of any information provided by Consumers or Affiliates; (b) determining the suitability of Consumers as their customers (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of contracts with Consumers; (d) performing Service Provider services; and/or (e) collecting payment for Service Provider services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a contract with a Consumer or Affiliate and for verifying any information about another User. Credit Hero does not make any representations about or guarantee the truth or accuracy of any Consumer’s or Affiliate’s content on the Website; does not verify any feedback or information provided by Users about Service Providers or Consumers; and does not perform background checks on or guarantee the work of Service Providers or Consumers. You acknowledge, agree, and understand that Credit Hero does not, in any way, supervise, direct, control, or evaluate Service Providers or their work and is not responsible for any service, service terms or work product provided by Service Providers. Credit Hero makes no representations about and does not guarantee, and you agree not to hold us responsible for, the quality, safety, or legality of Service Provider services; the qualifications, background, or identities of Consumers or Affiliates; the ability of Consumers to pay for Service Provider services; User content and statements or posts made by Users; or the ability or willingness of a Consumer or Service Provider to actually complete a transaction.

You also acknowledge, agree, and understand that Service Providers are solely responsible for determining, and have the sole right to determine, which Consumers to accept; the time, place, manner, and means of providing any Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set.

You further acknowledge, agree, and understand that: (i) you are not an employee of Credit Hero, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Credit Hero will not have any liability or obligations, including under or related to service contracts and/or Service Provider services for any acts or omissions by you or other Users; (iii) Credit Hero does not, in any way, supervise, direct, or control any Service Provider or Service Provider services; does not impose quality standards or a deadline for completion of any Service Provider services; and does not dictate the performance, methods or process Service Provider uses to perform services; (iv) Service Provider is free to determine when and if to perform Service Provider Services, including the days worked and time periods of work, and Credit Hero does not set or have any control over Service Provider’s pricing, work hours, work schedules, or work location, nor is Credit Hero involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Provider for a service; (v) Service Provider will be paid at such times and amounts as agreed with a Consumer in a given service contract, and Credit Hero does not, in any way, provide or guarantee Service Provider a regular salary or any minimum, regular payment; (vi) Credit Hero does not provide Service Providers with training or any equipment, labor, tools, or materials related to any service contract; and (vii) Credit Hero does not provide the premises at which Service Providers will perform the work. Service Providers are free to use subcontractors or employees to perform Service Provider Services and may delegate work.  If a Service Provider uses subcontractors or employees, Service Provider further agrees and acknowledges that this Section applies to Credit Hero’s relationship, if any, with Service Provider’s subcontractors and employees as well and Service Provider is solely responsible for Service Provider’s subcontractors and employees.

Nothing in these Terms is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Credit Hero and a Service Provider.

You agree not to work outside the Platform with Consumers or Affiliates using Credit Hero Services. You agree to use Credit Hero Score for credit monitoring for all Consumers brought to you through the Platform. You agree to use Credit Repair Cloud’s billing system to bill any Consumers onboarded through the Platform. We reserve the right to deactivate or remove Service Providers who work outside the Platform with Consumers or Affiliates using Credit Hero Services.

You agree to comply with all applicable laws and regulations, including but not limited to CROA (15 U.S.C. §§ 1679 et seq.); the Federal Trade Commission Act; the Fair Credit Reporting Act (FCRA); the Telemarketing Sales Rule (TSR); relevant state consumer protection laws; and relevant state licensing or bonding requirements. You agree at all times to defend, indemnify and hold harmless Credit Hero its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your (or your agents’) failure to comply with any applicable law or regulation. We reserve the right to deactivate or remove Service Providers who violate any applicable law or regulation.

You agree to provide accurate service descriptions, pricing, and credentials. You agree not to misrepresent results, charge prohibited upfront fees, or request user credit information except as permitted by law. You agree to maintain the confidentiality of any Consumer data obtained through the Platform and use it solely for providing requested services. You agree that we may display ratings, reviews, or aggregated performance data about your services.

We reserve the right to deactivate or remove Service Providers who receive consistent complaints, misrepresent qualifications, or violate any applicable law or regulation.

7. AFFILIATE SPECIFIC TERMS

If you are an Affiliate, you may refer clients or customers to the Platform in accordance with these Terms and any separate Affiliate Agreement. By using our Website and/or Services as an Affiliate you agree that: (a) you will comply with all applicable advertising, referral, and privacy laws, including, but not limited to, the Federal Trade Commission Endorsement Guides and any Real Estate Settlement Procedures Act (RESPA) limitations; (b) you may not make representations about credit outcomes, pricing, or guarantees on our behalf; (c) you are responsible for obtaining all necessary client consents before submitting or transmitting any referral information to the Platform; (d) we may track referral activity for verification, analytics, and compensation purposes (if applicable).

Nothing in these Terms is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Credit Hero and an Affiliate.

You agree not to work outside the Platform with Consumers or Service Providers using Credit Hero Services. We reserve the right to deactivate or remove Affiliates who work outside the Platform with Consumers or Service Providers using Credit Hero Services.

You agree at all times to defend, indemnify and hold harmless Credit Hero its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your (or your agents’) failure to comply with any applicable law or regulation.

We reserve the right to deactivate or remove Affiliates who receive consistent complaints, misrepresent qualifications, or violate any applicable law or regulation.

8. FEES AND PAYMENTS

Consumers may access and use the Platform for free.

Service Providers agree to pay a flat fee of $50 per customer who was brought to the Service Provider through the Platform. The fee is billed on a monthly basis after payments have been received from the client through the Credit Repair Cloud billing system. In addition, Service Providers may pay a subscription to appear or advertise on the Platform, as agreed in a separate Provider Agreement.

Affiliates may receive commissions or other compensation only pursuant to a written Affiliate Agreement.

Payments are processed by third-party payment processors. We do not store sensitive payment information.

For Service Providers: We reserve the right to increase or decrease the pricing of our Services from time to time, upon providing you with reasonable notice of the changes to the email you have on file or system generated message within the portal, and you shall have 30 days from the date of such notice to accept or reject such changes. You agree that, unless you cancel your membership prior to the effective date of the price increase, you will be charged the new applicable membership fee at the frequency as agreed to at the time of purchase, and you authorize us to charge the new applicable subscription or membership fee to your payment source. You are solely responsible for any and all fees charged to your payment source by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made will constitute your acceptance of those modifications.

9. COMMUNICATING THROUGH THE WEBSITE.

Users agree to use the communication services available on the Website to communicate with other Users prior to entering into a contract with a Service Provider. You agree that prior to entering into a contract with a Service Provider, you (a) will use the Platform as the sole manner to communicate with other Users; (b) will not provide your Means of Direct Contact (defined below) to any other User; (c) will not use Means of Direct Contact of another User to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of the Platform; (d) will not ask for, provide, or attempt to identify through public means the contact information of another User; and (e) you will not include any Means of Direct Contact or means by which your contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the Website’s communications services (including in each case in any attached file).

“Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, or Facebook.

10. WEBSITE LICENSE.

As a visitor to the Website and subject to your compliance with these Terms of Service, you are granted a limited, non-exclusive, non-transferable license to access and make personal use of the Website or Services and not to download or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Website or Services, or its contents, or any use of data mining, robots, or similar data gathering and extraction tools, or any derivative use of the Website or Services, or its contents. The Website and Services or any portion thereof, including without limitation the content, text, logos or images, may not be used, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including on any public forum or social media platform, without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing any brand names or trademarks without our express written consent. Any permitted use of the Website or Services does not extend to using the Website or Services for any illegal purpose, or to transmit to or through the Website, or to or through any service, any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Services. Any unauthorized or prohibited use of the Website or Services terminates all permissions or licenses granted. We may terminate this license at any time for any reason, whatsoever.

11. OWNERSHIP.

All of the content featured, displayed, included in or made available on the Website or through the Services, including without limitation text, graphics, logos, photographs, button icons, images, moving images, sound, illustrations, data downloads, data compilations and software ("Content"), are owned by us, our licensors, vendors, and/or agents and is protected by United States copyright, trademark and/or patent laws. You may not use, copy, reproduce, publish, upload, post, display, perform, transmit, distribute, modify, license, create derivative works from, transfer or sell any of the Content in any way, including in advertising or publicity pertaining to distribution of materials on this Website, or on any website or social media platform, without our prior written consent. Our trademarks and trade dress may not be used in connection with any other product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All copyrights and trademarks not owned by us that appear on the Website or in the Services are the property of their respective owners. We may own patents that apply to the Services and to the features and services accessible via the Website. Portions of the Services or Website may operate under license of one or more patents.

12. USER CONTENT LICENSE.

You may submit reviews, ratings, comments, or feedback (“User Content”). By using the Website, uploading or submitting User Content to or for use on the Website, including but not limited to comments, suggestions or feedback, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media for promotional and operational purposes. You grant us and our sub-licensees the right to use the name that you submit in connection with such material, if we choose. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material is accurate, not misleading; that the material does not violate any laws or regulations; that use of the material you supply does not violate the Terms of Service and will not cause injury to any person or entity; and that you will indemnify us for all claims arising from the material you supply. We reserve the right to moderate or remove content at our discretion.

13. ENDORSEMENTS.

We do not endorse any third-party content, including any opinion, recommendation, or advice expressed on or through the Website, and we expressly disclaim any and all liability in connection with any such content. Should you use or rely on such third-party content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance and you waive the right to bring or assert any claim against us relating to any interactions or dealings with any third-party and release us from any and all liability for or relating to any interactions or dealings with such third-party.

14. ACCURACY OF INFORMATION.

We attempt to ensure that all information is complete, accurate and current. However, we make no representations or warranties as to the completeness, accuracy, reliability, currency of any information or descriptions of products, services or other content of the Website or Services. Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.

Additionally, we reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website or Services, including but not limited to, content or features. We may impose limits on certain features of the Website or Services or restrict your access to part or all of the Website or Services without notice or penalty.

15. LINKING TO THIS WEBSITE.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

16. MONITORING.

We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content submitted by you or any third party. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Website constitutes consent to such monitoring. Furthermore, we reserve the right at all times to disclose any content or information posted on any portion of the Website as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any content or information, in whole or in part, that in our sole and absolute discretion are objectionable or in violation of this Agreement. Notwithstanding this right, we are not responsible nor liable for any content or information posted or submitted by you.

17. LINKS.

The Website may contain links to websites and/or resources that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible or liable for the availability of, or any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

18. ACCESS AND INTERFERENCE.

You are responsible for obtaining at your own expense, all equipment and services needed to access and use the Website and Services, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

19. FORCE MAJEURE.

We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

20. ELECTRONIC COMMUNICATIONS.

By registering for a membership, you consent to receive communications from us electronically and agree to be added to our customer email list, as well as our SMS text message customer list. We may communicate with you by email, text message, by posting notices on the Website, by delivering notifications through our mobile applications or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you email newsletters on a variety of topics, and may send you emails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may start or stop receiving such emails at any time by sending an email to an account that shall be designated for that purpose. Additionally, even if you opt-out of marketing emails, if you are registered or have requested that we contact you about our products or services, you authorize us to send you important notices about the products or services and any pending transactions to any email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

21. DISCLAIMERS.

YOU AGREE NOT TO RELY ON THE WEBSITE, THE WEBSITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE WEBSITE. THE CONTENT, FUNCTIONS, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND WE DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. YOU ACKNOWLEDGE THAT INTERACTIONS WITH PROVIDERS OR AFFILIATES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Credit Hero DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

22. LIMITATIONS OF LIABILITY.

WE DO NOT WARRANT THAT THE WEBSITE AND SERVICES, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE EXCEED THE GREATER OF (A) ONE-HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU HAVE PAID FOR SERVICES IN THE PRECEDING SIX (6) MONTHS OF YOUR CLAIM.

23. RELEASE.

In addition to the recognition that Credit Hero is not a party to any contract between Users, you hereby release Credit Hero and our respective officers, directors, agents, subsidiaries, joint ventures, employees and those who provide services to us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Service Provider services provided to Consumer by a Service Provider and requests for refunds based upon disputes.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

24. INDEMNIFICATION.

You agree to defend, indemnify and hold us, our officers, directors, employees, agents, licensees, successors and assigns, and any affiliated company or individual harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your breach or violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iii) your violation of any law, rule or regulation of the United States or any other country; (iv) any claim for damages that arise as a result of any content that you place or post on the Website; (v) any contractual dispute between you and any User of the Website; (vi) any negligence, willful misconduct, or fraud by you or your agents; (vii) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereofor (viii) any other party’s access and use of the Website with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.

25. DISPUTE RESOLUTION; BINDING ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (THE “ARBITRATION AGREEMENT”), WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS ARBITRATION AGREEMENT CONTAINS PROCEDURES FOR FINAL AND BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.

YOU AND Credit Hero ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved informally by contacting support@CreditHero.com. In the event we are unable to resolve a complaint to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

For purposes of this Section, the terms “Credit Hero,” “our,” “we,” or “us” includes CreditHero.com, LLC, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Credit Hero or its present or future affiliates or subsidiaries. Both you and Credit Hero acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of these Terms, Credit Hero’s officers, directors, employees, and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

YOU AND Credit Hero AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION) BASIS. ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE. IN ADDITION, YOU OR WE MAY BRING SUIT IN STATE OR FEDERAL COURT IN CALIFORNIA TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

You and Credit Hero agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

For purposes of this Arbitration Agreement, “Dispute” shall include, but is not limited to, any claims or controversies between you and Credit Hero that arise out of or are related in any way to these Terms, including, but not limited to, your use of Credit Hero’s Services, policies, privacy practices, advertising, and/or any communications between you and Credit Hero (to the extent applicable to a dispute regarding Credit Hero), whether occurring on the Credit Hero’s Website, or otherwise, even if the Dispute arises after the termination of your relationship with Credit Hero. “Dispute” also includes, without limitation, claims that: (a) you bring against Credit Hero; (b) Credit Hero brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Credit Hero, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms or out of a prior agreement with Credit Hero (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms. The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute and/or the forum in which a dispute should be arbitrated; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

25.1 Mandatory Pre-Arbitration Informal Dispute Resolution

You and Credit Hero agree to engage cooperatively, and in good faith, to try to resolve any Dispute prior to you or Credit Hero initiating an arbitration proceeding. You or Credit Hero must first send a written notice (“Pre-Arbitration Notice”) to the other party, and your Pre-Arbitration Notice to Credit Hero must include the following: (a) a detailed description of the nature and the basis for the Dispute and any relief sought (including a detailed calculation of any damages); (b) your full name and the email address and phone number associated with your Credit Hero membership; and (c) sufficient information to enable you or us to identify any transaction and/or the applicable Services at issue. Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel).

Your Pre-Arbitration Notice to Credit Hero must be sent to legal@CreditHero.com. Our Pre-Arbitration Notice to you will be sent to the most recent contact information that you have provided to us.

For a period of 60 days from the date of receipt of a completed Pre-Arbitration Notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a Pre-Arbitration Notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or Credit Hero may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration. You and Credit Hero agree that it is a material breach of these Terms to initiate an arbitration proceeding without first completing this mandatory informal dispute resolution process.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

This pre-arbitration process is essential so that you and Credit Hero have a meaningful chance to resolve disputes informally. If the sufficiency of a Pre-Arbitration Notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

25.2 Arbitration Rules and Procedures

If, after the foregoing informal negotiations, the parties cannot resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language and shall be administered by the American Arbitration Association (the “AAA”) pursuant to its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, that are in effect at the time the arbitration is initiated (the “Rules”), as modified by the terms set forth in this Agreement. Copies of the Rules can be obtained at the AAA’s website (www.adr.org). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of Rules, but in no event, unless you and Credit Hero agree otherwise, shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third party neutral upon mutual written agreement.

To commence an arbitration proceeding, you must send an arbitration demand to the AAA and serve a courtesy copy to Credit Hero, located at 12517 Venice Blvd, Los Angeles, CA 90066, with an electronic copy sent to legal@CreditHero.com, or we must send an arbitration demand to AAA and serve a courtesy copy on you at the most current address we have on file (which may be an email address). The physical courtesy copy must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice.

Any complaint or arbitration demand must be accompanied by a copy of the Pre-Arbitration Notice, and a certification personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Credit Hero representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing a complaint or arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel if the arbitrator determines that a frivolous and/or improper claim was initiated by parties and/or their counsel.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND Credit Hero AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF OR ANY PRIVATE ATTORNEY GENERAL CLAIM), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

Nothing in this Agreement shall be construed as a waiver of your right, under the McGill v. Citibank, N.A. decision, to seek public injunctive relief on behalf of the general public.

25.3 Cost of Arbitration

The Rules will govern payment of all arbitration fees as modified by this Arbitration Agreement, unless the parties mutually agree to a different arbitration provider. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

The arbitration will be conducted by a single arbitrator who will apply these Terms as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only.

Although under some laws Credit Hero may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Credit Hero will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11, which the parties agree shall be applicable in arbitration. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall also apply and be enforced by the arbitrator after entry of an award. An award that has been satisfied may not be entered in court. Credit Hero will consider a request to reimburse the consumer filing fee upon a demonstration of financial hardship.

25.4 Additional Procedures for Coordinated Disputes/Filings

You and Credit Hero agree that these procedures (in addition to all others provided in this Section) shall also apply if your claim is part of a “Mass Filing” (defined below).

If 25 or more similar Disputes (including yours) are asserted against Credit Hero by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), the AAA’s Mass Arbitration Supplementary Rules and the additional procedures set forth herein shall apply. You understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, the statute of limitations applicable to the claims and relief set forth in that Notice shall be tolled from the date the Pre-Arbitration Notice is received until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Coordinated Disputes/Filings Section of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Coordinated Disputes/Filings Section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Use.

STAGE ONE: Assuming there are at least 50 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall each select 25 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Credit Hero shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Credit Hero shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Credit Hero shall again pay the mediator’s fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

A court of competent jurisdiction shall have the authority to enforce this staging requirement of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

25.5 Waiver of Jury Trial; Waiver of Class Actions

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND Credit Hero WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND Credit Hero ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. You and Credit Hero are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Credit Hero over whether to vacate or enforce an arbitration award, YOU AND Credit Hero WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Credit Hero is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 25.7 (Exclusive Venue) below.

25.6 Opt-out

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Credit Hero, Attn: Legal, 12517 Venice Blvd, Los Angeles, CA 90066, postmarked within thirty (30) days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your membership, and (iii) a clear statement that you want to opt out of this Agreement’s Arbitration Agreement.

25.7 Exclusive Venue

If you send the opt-out notice described in Section 25.6, and/or in any circumstances where the foregoing Arbitration Agreement permits either you or Credit Hero to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and Credit Hero agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.

25.8 Severability

Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Coordinated Disputes/Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with Credit Hero and/or these Terms.

25.9 Future Changes to Arbitration Agreement

If we make any future changes to this Arbitration Agreement (other than a change to our mailing or email address), you may reject any such change by sending your personally signed, written notice to the following address: 12517 Venice Blvd, Los Angeles, CA 90066, postmarked within 30 days of the change, with a copy sent via email to legal@CreditHero.com. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Credit Hero in accordance with this version of the Arbitration Agreement.

26. DISPUTES BETWEEN USERS

Credit Hero is not a party to any contract for services between Consumers and Service Providers. Credit Hero is not a party to any contract for services between Affiliates and Consumers. Credit Hero is not a party to any contract for services between Affiliates and Service Providers. Consequently, Credit Hero shall not be a party to any dispute between Users. Users agree that they will resolve any disputes between Users based on the contract for services between the Users.

27. GOVERNING LAW

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state’s conflicts of law statute. Any court proceedings (to the extent arbitration does not apply) will be in the state or federal courts located in Los Angeles County, California.

28. PRIVACY.

We may collect, process and transmit certain data obtained from and about you in the course of your accessing the Website or during a phone consultation, including information collected in the course of an abandoned transaction. We maintain the privacy of your information as set forth in our Privacy Policy and we process your personal data in compliance with all relevant laws and codes of practice.

29. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Website. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Website or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright, and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is compliance@creditheroscore.com.

30. CANCELLATION; TERMINATION; REFUND POLICY.

Service Providers may cancel their membership or subscription at any time by calling us at the toll free number (888) 316-7758 or by using the contact information provided on the Website - OR- by cancelling online in their portal, located in the Billing History section of My Account.

If you cancel your membership or subscription, you will no longer be billed for the Services, however, you will continue to have access to the Services until the end of the subscription or membership period during which you canceled, and until any promotional or bonus period(s) have expired, after which time your access to the Services will cease. No refunds or credits will be issued. We do not provide pro-rated refunds. Memberships can be cancelled at any time, but should be cancelled at least 3 business days prior to your next billing date to avoid future charges.

Credit Hero is not a party to any contract for services between Users. Consequently, User understands and acknowledges that termination of the agreement with Credit Hero (or attempt to terminate this agreement) does not terminate or otherwise impact any contract entered into between Users.

If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. Upon cancellation or termination, all rights granted to you will automatically terminate, but provisions regarding dispute resolution and arbitration disclaimers, indemnification, limitations of liability, and protecting intellectual property survive.

We may make inactive, suspend or terminate your membership or your use of this Website or Services at any time, for any reason or for no reason, including without limitation in the event that (a) you fail to comply with any of the Terms in this agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we suspect or become aware that you have provided false or misleading information to us; or (d) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Credit Hero; may be contrary to the interests of the Webite or the User community; or may involve illicit or illegal activity. If your membership is temporarily or permanently closed, you may not use the Website under the same membership or a different name or reregister under a new name without Credit Hero’s prior written consent.

You acknowledge and agree that the value, reputation, and goodwill of the Website depend on transparency of User’s membership status to all Users, including both yourself and other Users who have entered into contracts with you. You therefore agree as follows: IF Credit Hero DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR MEMBERSHIP, Credit Hero HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT Credit Hero WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

31. GENERAL PROVISIONS.

These Terms, together with the Privacy Policy and any applicable Provider or Affiliate Agreement, constitute the entire agreement between you and Credit Hero regarding your use of the Services. If any provision of these Terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements, including membership and other related client agreements, may be automatically assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that any cause of action arising out of or related to the Website, Services or these Terms must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in these Terms regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement. If any provision of these Terms are in conflict with any term or condition as set forth in a membership or other client related agreement, the terms and conditions of the membership or client related agreements shall control.

32. CONTACT INFORMATION.

If you do not understand any of the foregoing Terms or if you have any questions or comments, we encourage you to contact us via written correspondence to: support@CreditHero.com.

33. NOTICE TO CALIFORNIA RESIDENTS.

Under California Civil Codes, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Services or to receive further information regarding use of the Services, including to cancel your Services, please contact us at Credit Hero, 12517 Venice Blvd Los Angeles, CA 90066, or call us toll free at (888) 316-7758, or email us at support@CreditHero.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Consumers should refer to their contracts with the Service Providers for information regarding how to proceed with a complaint about the services provided by the Service Provider. Credit Hero is not a party to contracts between Users and is not responsible for services provided by any User.