By proceeding and using the Services on the Credit Law Website, you are indicating that you have read carefully through this Legal Agreement and that you consent to all of the conditions detailed herein.
Credit Law Services Website Terms of Use (Amended 2010-04-05)
This Online Access Agreement (this "Agreement") contains the terms that govern your use of the Credit Law Services Online Client File Access Services. In this Agreement we will use the words "Online Service," "Service" or "Website" to refer to these services.
You may use our Service to access your client file information through the Internet. By using our Service to access your client file information you are agreeing to the terms of this Agreement. This is a legally binding agreement. If you do not agree to the terms of the Online Access Agreement set forth herein, you must not use the Service and must exit from the Service immediately.
In this Agreement, the words: "we," "us," "our" and "Credit Law Services" are used to refer to Credit Law Services and any of its affiliates or direct or indirect subsidiaries, when they provide services concerning the Client File or provide the Online Service; "you" or "your" is used to refer to the owner of a Client File or an authorized representative; "authorized representative" is used to refer to a person with authority of any kind with respect to a Client File or a use of the Online Service – such as an assigned paralegal.
This means that any person who is authorized to have access to your Client File information shall be authorized by you to individually use the Online Service to access your Client File. Notwithstanding any other access agreement or terms and conditions with respect to your access to a Client File, this Agreement shall have precedence in interpreting any inconsistencies in the provisions of such agreements. We agree to provide you access to the Online Service in accordance with the Online Access Agreement.
You agree to use the Online Service in a manner consistent with the Online Access Agreement and all applicable rules and regulations. You acknowledge that you have carefully read the Online Access Agreement and that you accept the terms thereof. If you do not agree to the terms of the Online Access Agreement, you may not access or otherwise use the Online Service.
You accept the Online Service on an "as is, as available" basis.
Each legal file created by us in conjunction with a legal services retainer executed by you is called a "Client File." Your Client File(s) will continue to be subject to the agreements otherwise governing them, except where it is noted in this Agreement. Each Client File will be subject to the following:
the terms or instructions appearing on a screen when using the Service;
Credit Law Services’ rules, procedures and policies applicable to the Client File and the Online Service;
applicable state and federal laws and regulations.
You authorize Credit Law Services to provide access to your Client File(s) through the Service. You may access a Client File at the Credit Law Service website www.creditlawservices.com (called the "Website") to obtain account payment information, a sequential docket of services provided and notes made to the file, credit report information received from you by Credit Law Services and input into your file, your disputing instructions and other information. To access a Client File through the Online Service you must have a password and the required hardware and software. Subject to the terms of this Agreement, you will generally be able to access your Client File through the Website seven days a week, 24 hours a day. Client File information is posted to the file at the time work is completed on the Client File.
The Website, including all content, software, functions, materials and information made available on or accessed through the Website, is provided "as is, as available." To the fullest extent permissible by law, Credit Law Services and its subsidiaries and affiliates make no representations or warranties of any kind whatsoever for the content on the Website or the materials, information and functions made accessible by the software used on or accessed through the Website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Website or any linked site. Further, Credit Law Services and its subsidiaries and affiliates disclaim any express or implied warranties, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Credit Law Services does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free from viruses or other harmful components.
One way of communicating with us is by sending an E-mail. The Service has provided E-mail forms for you to ask questions about your account(s) or give comments on the Service. These E-mail forms are accessible after you sign on with your password to a secure session of the Service.
You acknowledge that any unprotected E-mail communications over the Internet are subject to possible interception or loss, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an E-mail sent by you to us or an E-mail sent by us to you, or anyone you designate, at your request.
Protecting your privacy is extremely important to Credit Law Services. We strive to keep your personal information confidential. We collect personal information to enroll you in our service. The information we require is the absolute minimum necessary. Credit Law Services uses your personal information to provide you with superior customer service, and to communicate with you regarding your case. In addition, we use your personal information to keep you up to date on the latest service announcements, feature updates, special offers, and other information we think you would like to hear about. From time to time, we may also use your personal information to contact you to participate in a market research survey, so that we can gauge client satisfaction and improve our service further.
We collect information about you at the time you sign up for our service, and any time we enter information from your credit report into our database. In addition, when you sign up for a new Credit Law service, or ask to be included in an email mailing list, we collect and store the information you provide in a secure database.
Because the ability to communicate with our clients during any part of the credit recovery process is essential, your personal information may be shared with other Credit Law employees. They will protect your personal information in accordance with the Credit Law Services Privacy Policy. Credit Law will not share your personal contact information with other companies unless you specify otherwise.
Credit Law Services works with other companies that help us provide services to you, and we may provide your personal information to these companies. For example, should we need to forward written documents to you we give shipping companies this information so they can deliver more efficiently. The information they receive is for shipping and delivery purposes only, and we require that the companies safeguard your personal information in accordance with Credit Law’s policies.
Credit Law Services safeguards the security of the data you send us with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
When you browse Credit Law’s web site, you are able to do so anonymously. Generally, we don't collect personal information when you browse — not even your email address. Your browser, however, does automatically tell us the type of computer and operating system you are using.
Like many web sites, the Credit Law web site uses "cookie" technology. When you first connect to our site, the cookie identifies your browser with a unique, random number. The cookies we use do not reveal any personal information about you, except perhaps your first name so we can welcome you on your next visit. Cookies help us understand which parts of our web sites are the most popular, where our visitors are going, and how long they spend there. We use cookies to study traffic patterns on our site so we can make the site even better.
In some of our email to you, we use a "click-through URL." When you click one of these URLs, you pass through our web server before arriving at the web site that is your destination. We track click-throughs to help us determine your interest in particular topics and measure the effectiveness of our customer communications.
To make sure your personal information remains confidential, we communicate the following privacy guidelines to every Credit Law Services employee and staff member. Credit Law does not knowingly solicit personal information from children or send them requests for personal information. Credit Law's web site may contain links to other sites. Credit Law does not share your personal information with those web sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
If we are going to use your personal information differently from that stated at the time of collection, we will try to contact you via email using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted, nor will we use your personal information in a new manner.
You will be given a password that will give you access to your Client File through the Service. This password can be changed within the Service. We recommend that you change your password regularly. We are entitled to give access to your Client File to anyone using your password. For security purposes, it is recommended that you memorize the password and do not write it down. You are responsible for keeping your password and Client File information confidential. If you believe that your password may have been lost or stolen, or that someone has accessed your Client File without your permission, please notify Credit Law Services immediately.
Credit Law Services’ liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Client File and Online Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Client File or to the Online Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for providing the access to your Client File as expressly stated in this Agreement. Credit Law Services and its subsidiaries and affiliates shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein.
FURTHER, IN NO EVENT WILL CREDIT LAW SERVICES OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSSES OF INCOME, PROFITS, BUSINESS, USE OR DATA, OR FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS CAUSED BY A VIRUS, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, WHETHER ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT, WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY WEBSITE TO WHICH IT IS LINKED. PRIOR TO USING THE WEBSITE YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
Credit Law Services will not be obligated to honor, in whole or in part, any request for access to a Client File which:
is not in accordance with any term or condition applicable to the relevant Online Service or the Client retainer;
we have reason to believe may not be authorized by you;
would violate any applicable rule or regulation of any other federal or state regulatory authority;
is not in accordance with any other requirement of our applicable policies, procedures or practices; or
we have reasonable cause not to honor for our or your protection.
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Client File, if you are an owner of a Client File, you agree to indemnify and hold us, our directors, officers, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from all loss, liability, costs, claims, demands, judgments and expenses arising out of or in any way connected with a Client File in relation to use by you of the Online Service, including, without limitation, attorney’s fees and costs. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your authorized representative. You shall cooperate as fully as reasonably required in the defense of any claim. Credit Law Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without the written consent of Credit Law Services.
Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Service.
Unless otherwise required by applicable law, Credit Law Services may terminate this Agreement and/or your access to the Online Service, in whole or in part, at any time. Access to the Online Service, in whole or in part, may be reinstated by us, at our discretion, at any time. If reinstated, the then current terms of this Agreement will control.
Except as otherwise required by law, rule, or regulation, we may change the terms of this Agreement from time to time and at any time. When changes are made we will update this Agreement at the Website. The Website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time. If such a change is made, and it cannot be disclosed without jeopardizing the security of the system, this Agreement will be updated within a reasonable time days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing to use the Service. Changes to terms applicable to Client services are governed by the retainer agreement otherwise governing the Client case.
We may assign our interest in this Agreement to Credit Law Services or to any successor of Credit Law Services. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties to the extent it does not breach our duty to maintain client confidentiality. You may not assign your rights under this agreement, but you may authorize other parties to use the Service on your behalf as stated herein.
The Online Service Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Website are protected by copyright, and are owned or controlled by Credit Law Services or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. Permission is given to view the material on these web pages and save that material only for your personal reference as the subject of the Client File. Copying or storing any Content for other than such personal, non commercial use is expressly prohibited without the prior written permission from Credit Law Services or the copyright holder identified in the individual Content’s copyright notice. You may not modify, copy, distribute, republish or upload any of the material on the Website in any way unless you obtain the prior written consent of Credit Law Services. No intellectual property or other rights shall be transferred to you through your use of the Website. We are not able to confirm that the materials contained on the Website are correct in every case.
There are no monthly or transaction fees for accessing the Online Service. The fees that have been separately disclosed to you in the retainer agreement in relation to the legal services provided by Credit Law Services will continue to apply.
At the request of either party, any dispute concerning the Service shall be decided by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. Nothing herein shall preclude either of us from exercising any lawful right to self-help remedies including set-off, or obtain provisional or ancillary remedies such as injunctive relief.
We or you may terminate the Service or this Agreement without cause by giving prior notice of such termination to the other party. We may, however, terminate the Service or this Agreement immediately upon notice to you if you violate any of the terms or conditions of the Service or this Agreement. The termination of Service or this Agreement will not terminate your obligations or our rights arising under this Agreement before such termination.
You agree that this Agreement, and the performance by you and Credit Law Services under this Agreement, will be governed by the laws of the State of Michigan.
This Agreement, the Enrollment Form, and any other disclosures (including without limitation any modification to this Agreement) that we may provide to you from time to time make up the entire and only agreement between you and us concerning the subject matter of this Agreement. If any provision of this Agreement or the Enrollment Form is held unenforceable, the remaining provisions of this Agreement and the Enrollment Form will still be enforceable. There are no third party beneficiaries of this Agreement or the Enrollment Form.