1. Agreement to Terms
Credit Mountain is a service provided by Impact Fintech Solutions, Inc.
1.1
These Terms and Conditions (Terms and Conditions) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Impact Fintech Solutions, Inc., doing business as Credit Mountain, located at 3400 N Central Expy. Suite #110-215, Richardson, TX 75080, United States (we, us), concerning your access to and use of the Credit Mountain (https://creditmountain.co) service as well as any related applications (the Service).
The Service provides the following services: Financial technology that supports customers in managing their credit scores with information, planning tools and related services. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions.
NEITHER CREDIT MOUNTAIN, NOR THE SERVICES, NOR ITS AFFILIATES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. Credit Mountain IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR or licensed credit counselor. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2
The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Credit Mountain website, mobile and web applications, or within user account dashboards from time to time, are expressly incorporated by reference.
1.3
We may make changes to these Terms and Conditions at any time and without any advance notice. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Service represents that you have accepted such changes.
1.4
We may update or change the Service from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5
Our Service is directed solely to people residing in the United States. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you reside outside of the United States, you are not permitted to use the Service and should discontinue any use of the Service.
1.6
The Service is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Service or use the Services.
1.7
Additional policies which also apply to your use of the Service include: Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
1.8
By using the Service, you consent to processing of your information as reflected in Our Privacy Notice and you warrant that all data provided by you is accurate. Our /legal/cookies, which sets out information about the cookies on the Service.
2. Acceptable Use
2.1
You may not access or use the Service for any purpose other than that for which we make the Service and our services available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2
As a user of this Service, you agree not to:
- Systematically retrieve data or other content from the Service to a compile database or directory without written permission from us
- Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
- Use a buying agent or purchasing agent to make purchases on the Service
- Use the Service to advertise or sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
- Engage in unauthorized framing of or linking to the Service
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Service or the networks and services connected to the Service
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile
- Use any information obtained from the Service in order to harass, abuse, or harm another person
- Use the Service or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service
- Attempt to access any portions of the Service that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Copy or adapt the Service's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Service, or any material that acts as a passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service
- Use the Service in a manner inconsistent with any applicable laws or regulations
- Threaten users with negative feedback or offering services solely to give positive feedback to users
- Misrepresent experience, skills, or information about a User
- Advertise products or services not intended by us
- Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Our content
3.1
Unless otherwise indicated, the Service and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
3.2
Except as expressly provided in these Terms and Conditions, no part of the Service, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.3
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
3.4
You shall not (a) try to gain unauthorized access to the Service or any networks, servers or computer systems connected to the Service; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Service or Our Content, including the modification of the paper or digital copies you may have downloaded.
3.5
We shall (a) prepare the Service and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Service that contains viruses.
3.6
The content on the Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Service.
3.7
Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Service is accurate, complete or up to date.
4. Service Management
4.1
We reserve the right at our sole and absolute discretion, to (1) monitor the Service for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Service or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service and Services.
4.2
We do not guarantee that the Service will be secure or free from bugs or viruses.
4.3
You are responsible for configuring your information technology, computer programs and platform to access the Service and you should use your own virus protection software.
5. Modifications to and availability of the Service
5.1
We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
5.2
We cannot guarantee the Service and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service or Services during any downtime or discontinuance of the Service or Services. We are not obliged to maintain and support the Service or Services or to supply any corrections, updates, or releases.
5.3
There may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
6. Disclaimer / Limitation of Liability
6.1
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Service's content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
6.2 Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
A)
If we fail to comply with these Terms and Conditions, subject to the limitations herein, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Services. Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our maximum potential liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of $10,000 or (b) the amount paid, if any, by you to us for the Services during the six (6) month period prior to any cause of action arising. If you are a business user: We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Services; or
- use of or reliance on any content displayed on our Service.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
B) If you are a consumer user, in addition to the terms in 6.A above:
- Please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
- You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local consumer protection bureau. Nothing in these Terms and Conditions will affect these legal rights.
7. Term and Termination
7.1
These Terms and Conditions shall remain in full force and effect while you use the Service or Services or are otherwise a user of the Service, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@creditmountain.org.
7.2
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole and absolute discretion and without notice or liability, deny access to and use of the Service and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Service and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
7.3
If we terminate or suspend your account for any reason set out in this Section 7, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
8. Access to Application or Services
8.1
If you access the Services via a mobile application or website, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
8.2
You will not:
- (a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions;
- (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
- (c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
- (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
- (e) use the application for Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
- (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
9. General
9.1
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9.2
These Terms and Conditions and any policies or operating rules posted by us on the website or in respect to the Services constitute the entire agreement and understanding between you and us.
9.3
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
9.4
We may assign any or all of our rights and obligations to others at any time.
9.5
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
9.6
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
9.7
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services.
9.8
For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by Texas law. You and we both agree that the state and federal courts located in Texas will have sole and exclusive jurisdiction over any dispute arising out of or related to these Terms and Conditions. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Service, please contact us at support@creditmountain.org.
9.9
For business users only -- If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Texas law. You and we both agree that the state and federal courts located in Texas will have sole and exclusive jurisdiction over any dispute arising out of or related to these Terms and Conditions.
9.10
Except as stated under the Mobile Application section, these Terms and Conditions are for the benefit of you and us only, and no third party shall have any right to enforce any term of these Terms and Conditions.
9.11
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@creditmountain.org or by mail: Impact Fintech Solutions, Inc. 3400 N Central Expy. Suite #110-215 Richardson, TX 75080 United States.
10. Credit and Financial Data Authorization through TransUnion and Equifax
10.1
By using the Service, you grant Credit Mountain and its data partners—including TransUnion and Equifax—the right, power, and authority to act on your behalf to access and transmit your personal, credit, and financial information from your relevant financial institutions and credit bureau providers. By utilizing these services, you agree to the terms and privacy policies of TransUnion, and Equifax.