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TERMS AND CONDITIONS
Welcome to the BadCreditGuide (BCG)
web site. We ask that you review these Terms and Conditions, which are intended
to constitute a binding license agreement that conditions your use of this site
("Agreement"). We have tried to avoid using confusing and unnecessary legal
terminology and hope that you understand that we are simply trying to protect
our rights in order to provide you with access to the free content available
at this site. If you do not wish to be bound by this Agreement after you have
read it, please leave the site. If you remain at this site, or return thereafter,
you agree to be bound by this Agreement.
1. Responsible conduct
You agree to act
responsibly at this site and to treat other visitors with respect.
2. Limited License
Intellectual property laws protect original material
that we post on this site. You are hereby granted a non-exclusive license to
use ("Content"), but only while accessing this site. You are also granted a
limited license to print copies of any Content posted at the site, but only
for your personal use. Except as expressly provided above, all rights are reserved.
Among other things, except to the extent required for the limited purpose of
reviewing material on our site, electronic reproduction, adaptation, distribution,
performance or display is prohibited. Commercial use of any of the Content is
strictly prohibited. Use of any of our trademarks as metatags on other Web sites
also is strictly prohibited. You may not display this Web site in frames (or
any of the Content via in-line links) without our express written permission,
which may be requested by contacting us at admin@badcreditguide.net.
3. Materials That You Post or Store
a. Prohibited Material
You agree not to
post or store on our site any software, information, data, databases, music,
audio, video or audio-visual files, photographs, images, documents, text, digital
files or other material ("Material") which violates or infringes anyone's intellectual
property rights (including copyrights, trademarks, trade secrets, patents, publicity
rights or (to the extent protectable) confidential ideas) or which violates
U.S. law or which is obscene, obscene as to minors, child pornography, defamatory,
racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise
objectionable.
b. License, Representation and Warranty
By posting Material to this site, you hereby grant
us an irrevocable, perpetual, non-exclusive, royalty free worldwide license
to reproduce, adapt, distribute, perform (either publicly or by digital audio
transmission) or publicly display all or any portion of the Material on our
public Web sites. You further represent and warrant that you own all rights
to such Material.
c. Removal Right
You expressly agree
that we may remove, disable or restrict access to or the availability of any
Material from this site (including, but not limited to, Material which you have
posted or stored) which we believe, in good faith and in our sole discretion,
to violate the terms of this Agreement (whether or not we are in fact correct
in our assessment) or which is the subject of a Notification duly sent to us
pursuant to the Digital Millennium Copyright Act. If you believe that we have
acted mistakenly with respect to certain Material, you may contact us at admin@badcreditguide.net,
in which case we may investigate the matter further. We reserve the right, however,
to take no further action. Posting or storing Material at this site is a privilege,
not a right. Under no circumstances may we be held liable for removing, disabling
or restricting access to or the availability of Material.
4. Good Samaritan Third-Party Content
Policy & Complaint Procedures
a. Policy
d. Waiver of Claims and Remedies
We expect visitors
to take responsibility for their own actions and cannot assume liability for
any acts of third parties that take place at this site. By taking advantage
of the Good Samaritan procedures set forth in this Section 4, you waive any
and all claims or remedies which you might otherwise be able to assert against
us under any theory of law (including, but not limited to, intellectual property
laws) that arise out of or relate in any way to the Material at this site or
our response, or failure to respond, to a complaint.
e. Investigation/Liability Limitation
You agree that we
have the right (but not the obligation) to investigate any complaint received.
By reserving this right, we do not undertake any responsibility in fact to investigate
complaints or to remove, disable or restrict access to or the availability of
Material. We support free speech on the Internet and therefore will not act
on complaints that we believe, in our subjective judgment, to be deficient.
If you believe that Material remains on this site that violates your rights,
your sole remedy shall be against the person(s) responsible for posting or storing
it, not against us.
5. Digital Millennium Copyright Act Compliance
As set forth on
our homepage, you may contact our agent if you believe that a work protected
by a U.S. copyright that you own has been posted or stored on
our site without authorization. It is our policy to terminate, in appropriate
circumstances, the access rights of repeat infringers.
6. Privacy
a. In General
We do not collect/store email addresses.
b. Children
We do not knowingly
collect information from children. We ask parents or legal guardians to assist
us by supervising the activities of children at this site. This Web site is
intended for use by adults.
7. Links
We provide links
from our site as a convenience to our visitors. We have no control over the
content posted at these sites and make no representations about any content
or material available at these locations. Links are not intended to imply sponsorship,
affiliation or endorsement. If you believe that we have provided a link to a
site that contains infringing or illegal content or which makes available cracker
tools or other circumvention devices, we ask that you notify us so that we may
evaluate whether (in our sole discretion) to disable it.
8. Unsolicited Email, Spamming &
Spoofing
You may not use
this site to transmit unsolicited email. You may not send unsolicited email
to this site or to anyone whose email address includes the domain name used
on this site. You may not use our domain name as a pseudonymous return email
address for any communications that you transmit from another location or through
another service. You may not pretend to be someone else--or spoof his or her
identity--when using this site.
9. Violations/Indemnification
Your access privileges
are conditioned on your adherence to the terms of this Agreement. If you violate
any of the terms of this Agreement, you agree that we may deny you access to
the site. You further agree, at your own expense, to defend and indemnify us
and hold us harmless against all claims that may be asserted against us, and
all losses incurred, as a result of any violations of this Agreement. If asked
to do so, you agree that you will not attempt to access this site.
10. DISCLAIMER OF WARRANTIES
IN ORDER TO PROVIDE
YOU WITH THIS SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS
ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN AT THIS SITE. WE HEREBY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY
WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED
OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT
ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS,
WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY
AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE
BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO
YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING,
ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE
REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY
CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT,
THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
11. LIMITATION OF LIABILITY
IN ORDER TO PROVIDE
YOU WITH THIS FREE SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT,
ACTS OR OMISSIONS OCCURRING AT THIS WEB SITE OR ANY LOSSES YOU MAY INCUR. IN
NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT
SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.
12. Complete Agreement/No Representations
This Agreement constitutes
the entire agreement between you and us relating to your access to and use of
this site and supersedes any prior or contemporaneous representations or agreements.
We reserve any rights not otherwise expressly granted by this Agreement. This
Agreement may not be modified, either expressly or by implication, except as
set forth below in Section 13.
13. Modifications/Termination
b. Periodic Revisions
You agree that we
may modify the terms of this Agreement in our sole discretion, without advance
notice, and that your right to access this site is conditioned on an ongoing
basis with your compliance with the then-current version of these Terms and
Conditions. We will post a notice on this page for thirty (30) days following
any revisions or modifications to these Terms and Conditions. You agree to review
this page at least once every thirty (30) days. As a courtesy, we will also
notify you by email at the address you have provided to us. Please register
the appropriate email address at admin@badcreditguide.net.
You will be deemed to have agreed to the new Terms and Conditions if you continue
to access this site after having been notified of a revision or modification
by email or, if you have not been notified by email, after the passage of thirty
(30) days from the time the revised Terms and Conditions are first posted (whichever
is sooner). If you do not provide us with a valid email address to send you
information on revisions or modifications to this Agreement, then you agree
that you will have waived your right to notice by email. If you change email
accounts, it will be your responsibility to notify us of a new valid email address
in order to receive email notice. We assume no responsibility for your failure
to actually receive notice. It will be your responsibility to review this page
for possible modifications.
14. Dispute Resolution/ Jurisdiction
This Web site is
hosted on servers located in Michigan and is intended to be viewed by residents of the United States/Canada/UK.
All disputes arising out of or relating to this Agreement or our operation of
this site shall be resolved by binding arbitration in Michigan, USA.
Pursuant to the rules of the American Arbitration Association. All such disputes
shall be governed by and construed in accordance with the laws of the United States
and of the State of Michigan as applied to transactions entered into and to be performed
wholly within Michigan between Michigan residents. However, you agree that we shall be entitled
to obtain preliminary injunctive relief to enforce any of the terms of this
Agreement against you pending a final determination in arbitration.
15. Construction
If any portion of
this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed
amended in order to achieve as closely as possible the same effect as originally
drafted. Any invalid or unenforceable portion should be construed as narrowly
as possible in order to give effect to as much of the Agreement as possible.
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