TURBO CREDIT SOLUTIONS, LLC
WEB SITE TERMS OF USE AND SOFTWARE LICENSE AGREEMENT
This "World Wide Web Site (the "Web Site") and related functions, facilities and services, including without limitation, the content and software contained in the TURBOCREDIT CD-ROM (collectively, the "TURBOCREDIT Solution") are operated and maintained by TURBOCREDIT Solutions, LLC. ("TURBOCREDIT"). By using the TURBOCREDIT Solution, you ("User") agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use (these "Terms").
Description of Service and Time to Complete the Service
The TURBOCREDIT Solution is not a credit repair service. Rather, it is a set of self-help tools designed to empower Users to take their own steps toward improving personal credit. As TURBOCREDIT performs no professional services the time it takes to achieve improved credit rests entirely with User and User's personal interaction with third party credit agencies or organizations.
Proprietary Materials
The TURBOCREDIT Solution is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The TURBOCREDIT Solution contains copyrighted material, trademarks (including "TURBOCREDITT") and other proprietary information of TURBOCREDIT and others (collectively, "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from TURBOCREDIT.
Software License
The software and associated content contained in the TURBOCREDIT CD-ROM ("Software"), which shall be deemed to include any enhancements or modifications thereto and any related documentation, are copyrighted works. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of you promises reflected in this Agreement, TURBOCREDIT grants to you a personal, nonexclusive, nonassignable and nontransferable license to, install and use the Software for your personal use. All rights not expressly granted to you by the foregoing sentence are reserved by TURBOCREDIT. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble the Software, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose, and you may not transfer, sell, assign or convey it to another party without TURBOCREDIT's prior written consent.
No Liability for Reliance
TURBOCREDIT does not provide legal, accounting, financial or other professional advice or service via the TURBOCREDIT Solution. Neither TURBOCREDIT nor any of its third party business partners is or shall be responsible for any errors or omissions, or for the failure to report a change in any laws, decisions, regulations, interpretations or other pronouncements. TURBOCREDIT does not represent or endorse the accuracy or reliability of any third party advice, opinion, statement or any other third party information displayed or distributed through the TURBOCREDIT Solution. User acknowledges that any reliance upon any third party opinion, advice, statement, memorandum or information shall be at User's sole risk.
Limited Warranty
THE TURBOCREDIT SOLUTION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE TURBOCREDIT SOLUTION, AND THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE TURBOCREDIT SOLUTION RESTS WITH USER.
TURBOCREDIT does not warrant that the functions of the TURBOCREDIT Solution will meet User requirements or that the operation of the TURBOCREDIT Solution will be uninterrupted or error free.
No Liability for Loss or Injury
Neither TURBOCREDIT not any of its third party suppliers shall be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, delivering or using information contained in the TURBOCREDIT Solution.
Links to Third Party Sites
The TURBOCREDIT Solution may contain hyperlinks to web sites operated by parties other than TURBOCREDIT. Such hyperlinks are provided for reference only. TURBOCREDIT does not control such web sites, and is not responsible for their contents. TURBOCREDIT's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Limitations on Liability and Remedies
TURBOCREDIT IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE TURBOCREDIT SOLUTION. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT SHALL TURBOCREDIT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THE TURBOCREDIT SOLUTION, EVEN IF THE TURBOCREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Privacy
The privacy policies of TURBOCREDIT are accessible by clicking on Privacy Policy. By using the TURBOCREDIT Solution , by accepting these Terms, and by accepting the TURBOCREDIT Privacy Policy User expressly consents to use of User's information, as enumerated in the then-current privacy policies of TURBOCREDIT, as such policies may be amended from time to time.
Termination
TURBOCREDIT may terminate User's right to access the Web Site at any time, with or without cause, in TURBOCREDIT's absolute discretion and without notice.
Right to Modify Terms
TURBOCREDIT has a right to modify the Terms in any manner and at any time, with or without cause, in TURBOCREDIT's absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Web Site. Users continued use of the TURBOCREDIT Solution following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User's only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of TURBOCREDIT in providing the TURBOCREDIT Solution, is to cease use of the TURBOCREDIT Solution.
Right to Modify Web Site
TURBOCREDIT may at any time, without notice or liability, change or eliminate any content or feature of the Web Site, or restrict the use of any portion of the Web Site. User's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Web Site.
General
These Terms are governed by the laws of State of Michigan and by the federal laws of the United States, without reference to conflict of laws principles. The federal and state courts with jurisdiction over State of Michigan shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and User hereby expressly consents to such exclusive jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of TURBOCREDIT to act with respect to a breach by a User does not waive TURBOCREDIT's right to act with respect to subsequent or similar breaches. User may not assign or transfer this Agreement or his or her rights hereunder, and any attempt to the contrary is void. TURBOCREDIT shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. User shall comply with all applicable laws and regulations relating to User's access to and use of the TURBOCREDIT Solution. This Agreement sets forth the entire understanding and agreement between TURBOCREDIT and User with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
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