CreditPoint Financial LLC
CreditPoint Financial LLC., a Colorado limited liability company, together with its applicable subsidiaries, affiliates, assignees, and successors (collectively, “CreditPoint”, “we”, “us” or “our”) are committed to your personal privacy and your security online. This policy describes the ways we collect, use, share and protect your personal information.
Information We Collect About You
We collect information about you in three ways:
(I) Information You Provide: When you use CreditPoint website, including applying for a loan, you will generally be required to provide personally identifying information, which may include your e-mail address, name, address, telephone number and Social Security Number, as well as financial information, which may include income, employment and bank account information. You may also have to provide certain documents to verify the information you provide.
(II) Information from Third Parties: Third parties, such as credit bureaus, may provide us with information on you. We may combine this information with information we already have about you to evaluate your loan application, to create or offer personalized products and services for you, or for similar purposes.
(III) Information from Your Use of the Website: We may collect additional user behavior information during your use of the website. This may include device information (such as your internet protocol address), log information (such as pages visited), location information (such as your geographical location), and other information (such as cookies and anonymous identifiers). We will retain your information for as long as needed to provide you services or as necessary to comply with our legal obligations and our backup, archival and audit procedures.
How We Use Information We Collect
Information we collect from you may be used in one or more of the following ways:
Information We Share
We may share information with third parties in the course of running our business, including:
CreditPoint will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described above. Information that has been made anonymous so that it does not identify a specific user is not considered personal information and we may share aggregated, non-identifiable user information with third parties, such as advertisers and content distributors.
Federal and state laws allow you to restrict the sharing of your personal information in certain instances such as sharing your information so that third parties can market to you. However, because we will not share your information in these instances, there is no need for you to opt-out from this kind of information sharing.
How We Protect Your Information
CreditPoint is committed to safeguarding your personal information through various industry standard policies and practices. We protect your account security by employing session time-outs, which log you out of the website after a specified period, and by employing secure password practices, including password strength requirements and secure password reset procedures. Your password is not known to any employee or service provider of CreditPoint.
We protect your data in our care by storing sensitive personal and financial information, such as bank account numbers, in a secure, off-site, hosted environment, which can only be read or written though defined service access points which are password-protected and accessible only to employees and service providers with a permitted need to access such information.
We also protect your information in transit by employing Secure Socket Layer (SSL) certificate technology which encrypts all data entered into our website and ensures the connection is secure. As an additional measure, we also require a 128-bit secure browser for logins and transactions.
Cookies and Other Technologies
We use various technologies to collect and store non-personally identifiable information when you use the website. This may include sending one or more cookies or anonymous identifiers to your computer or mobile device, including web beacons, clear GIFs, pixel tags and other means. CreditPoint may use such technologies or similar technologies to obtain non-personal information from you as an online visitor.
Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. Generally, information in your browser’s “Help” section of the toolbar, or on the website of the browser designer or vendor, will explain how to turn off or modify your browser’s settings regarding cookies. Please note that without cookies, you may not be able to take full advantage of all of the website’s features.
Links to Third-Party Websites
The website may also contain links to websites that are not controlled or operated by us. This policy does not apply to such third-party websites and CreditPoint is not responsible for the content of such websites or the privacy practices of the third parties controlling or operating such websites. We encourage you to request and review the privacy policies of any third parties before disclosing your information such parties or visiting such third-party websites.
The website is intended for persons 18 years of age and older. We do not knowingly collect personal information from persons under 18 years of age. Accordingly, the provisions of the Children’s Online Privacy Protection Act do not apply to the website. We encourage all parents and guardians to talk to their children about online safety and privacy and to monitor their children’s use of the internet and mobile applications.
Compliance with State and Federal Laws
Modifications to This Policy
How You Can Contact Us
You may email us at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
CreditPoint Financial LLC.
Terms of Service
About the Terms of Service
The Terms of Service constitute a binding legal contract between you and CreditPoint, and are in addition to any other agreements between you and CreditPoint, including any borrower agreement, that govern your use of products, services, content, tools and information available on the Website. If there is any contradiction between these Terms of Service and another agreement you enter into with CreditPoint, the other agreement shall take precedence.
Modifications to the Terms of Service and the Website
By using or accessing the Website, you agree that CreditPoint may modify the Terms of Service or the Website at any time without prior notice. Your continued use of the Website after any modification of the Terms of Service will indicate your acceptance of the relevant modification and the Terms of Service as so modified.
It is your responsibility to review the Terms of Service from time to time to see if modifications have been made. Any modification is effective immediately from and after CreditPoint’s posting of such modification on the Website, or other update of the Website or the Terms of Service. You will know if these Terms of Service have been modified since your last visit to the Website by referring to the “Last Modified” date at the end of this page. CreditPoint reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with CreditPoint will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that CreditPoint and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to CreditPoint by e-mail or other electronic communications or via the Website.
Acceptable Use of the Website; Conditions of Your Use
The Website is for your own personal use only. The Website is designed for individuals contemplating entering into loans or individuals interested in learning more about CreditPoint and its products and services. You may only use the Website for one of these purposes.
Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any descriptions, prices or any other information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between CreditPoint and yourself (“Permitted Use”), including any purpose competitive to CreditPoint or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or CreditPoint’s products or services.
Your use of the Website is conditioned upon the following statements being true:
Except as explicitly permitted by the Terms of Service, and without limiting anything else in the Terms of Service, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever. You also may not redeliver any of the pages, text, images or other Content or the Website using “framing” or similar technology or for any purpose, including any attempt to impersonate CreditPoint or any employee, representative or agent of CreditPoint or otherwise create the appearance or suggestion that you have a relationship to CreditPoint or that we have endorsed you for any purpose. Any unauthorized use of the Website or the Content or any other intellectual property contained therein is strictly prohibited.
As conditions of your use of the Website, you agree to comply with the Terms of Service and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Terms of Service, you agree not to:
CreditPoint does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to CreditPoint or the Website. If CreditPoint permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:
CreditPoint’s Intellectual Property, Copyrights and Identifying Marks
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of CreditPoint or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.
You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein.
Terms of Service, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the Terms of Service terminate or expire or your right to use or access the Website is terminated in accordance with below (“Termination; Survival of Provisions”). Without CreditPoint’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by CreditPoint.
Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by CreditPoint or displayed on the Website without the written permission of CreditPoint (or the third-party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of CreditPoint or any of its affiliates, directors, officers or employees. For purposes of the Terms of Service, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of CreditPoint’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Information and Feedback You Provide to CreditPoint
By submitting information or other material to us, if any, you grant CreditPoint a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the Terms of Service and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.
You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to us with respect to the Content or the Website. You and we acknowledge and agree that any such Feedback is given voluntarily. We will endeavor to consider, and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or CreditPoint’s loans, products and services. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Website is provided to you on an “as is” and “as available” basis. Your use of the Website and any material you may access, download or otherwise obtain from or through the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
CREDITPOINT DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND CREDITPOINT SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS OR INTERRUPTIONS THEREIN. CREDITPOINT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. CREDITPOINT AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS, THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CREDITPOINT OR THROUGH THE WEBSITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE. IN NO EVENT SHALL CREDITPOINT HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF CREDITPOINT (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE THAT CREDITPOINT’S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST CREDITPOINT, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO CREDITPOINT FOR THE USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT.
You acknowledge that CreditPoint has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives and independent contractors. You agree that you will not bring any claim personally against any affiliate or subsidiary of CreditPoint or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the “Released Parties”) in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Terms of Service will protect the Released Parties as well as CreditPoint.
Nothing in the Terms of Service shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.
Registration; Security and Password
You may be presented with the opportunity to register for an account with CreditPoint. You agree that the registration information you provide is accurate, complete and current. We reserve the right to reject any registration and you acknowledge and agree that CreditPoint, in its sole discretion, may suspend or discontinue your access to or use of any portion of the Website at any time without notice to you.
Once you have registered, you will receive or will be able to create or input a username and password. You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all actions or activities that occur on the Website during any time period in which your user ID is logged in to the Website, whether or not expressly authorized by you. You agree not to disclose your password to any third party (except to any agent, representative or third party service provider of CreditPoint). CreditPoint disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. If you become aware of any unauthorized use of, loss or theft of your username, password, or other account information or credentials, you should immediately inform us at firstname.lastname@example.org.
While data transmitted via the Website may be encrypted using a Secure Sockets Layer (SSL) protocol, please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third parties.
You acknowledge and agree that the communications between you and CreditPoint are electronic. You consent to receive communications from CreditPoint in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. CreditPoint will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by CreditPoint to shall be to stop your use of the Website.
Without limiting any other rights CreditPoint or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf or servicing the loan for us) communicating with you, in connection with your application or loan, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or will provide in the future to us (and/or any person or entity acting on our behalf or servicing the loan for us). CreditPoint (and/or any person or entity acting on our behalf or servicing the loan for the us) may communicate with you using any current or future means of communication, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. You acknowledge that such communications are informational communications and are not made for the purpose of telemarketing. CreditPoint (and/or any person or entity acting on our behalf or servicing the loan for us) may use such means of communication even if you will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means.
Third Party Websites and Content
Termination; Survival of Provisions
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Terms of Service, the permissions granted to you under these Terms of Service will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
CreditPoint’s Right to Terminate Your Use: CreditPoint may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which CreditPoint may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Terms of Service; (b) you have engaged in conduct which CreditPoint, in its sole discretion, considers to be unacceptable; (c) CreditPoint is required by law to do so; or (d) CreditPoint no longer provides the Website. The above are only examples of circumstances in which CreditPoint may terminate your right to use the Website and CreditPoint may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with CreditPoint under or consisting of these Terms of Service, you may do so by notifying CreditPoint at email@example.com.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) CreditPoint’s Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification and (iv) Miscellaneous will survive any termination or expiration of the Terms of Service for any reason. Survival of Other Obligations: You acknowledge that any legal obligations you may have under any other agreement with CreditPoint (including any loan agreement) will not be affected in any way by the termination of the Terms of Service and any such other agreement between you and CreditPoint will continue to be in effect in accordance with its terms.
You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease accessing or using the Website or any content or data contained on the Website will result in immediate and irreparable harm to CreditPoint for which there is no adequate monetary remedy. If you violate the Terms of Service, CreditPoint will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.
Without prejudice to CreditPoint’s other rights under the Terms of Service, if you breach the Terms of Service in any way, CreditPoint may take such action as CreditPoint deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.
You agree not to: (i) make any representations, warranties or guarantees on CreditPoint’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to CreditPoint or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms of Service. CreditPoint may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms of Service without notifying you or obtaining your consent.
Choice of Law; Forum for Disputes
The Terms of Service and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms of Service, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of Colorado without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.
CreditPoint and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of Colorado and of the United States of America located in the State of Colorado, City of Englewood (the “Colorado Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms of Service (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and we each waive any objection to the laying of venue of any such litigation in the Colorado Courts and agree not to plead or claim in any Colorado Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Colorado Courts. You and CreditPoint each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.
WAIVER OF JURY TRIAL
CREDITPOINT AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.
CLASS ACTION WAIVER
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
You acknowledge and agree that all rights not otherwise expressly granted to you by the Terms of Service are reserved to CreditPoint. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CreditPoint as a result of the Terms of Service or any use of the Website. The failure of CreditPoint to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, you and CreditPoint agree that the court should give effect to the your and CreditPoint’s intentions as reflected in such provision, and the other provisions of the Terms of Service shall remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and CreditPoint, nor trade practice, shall serve to modify any provision of the Terms of Service. For purposes of the Terms of Service, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.” Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.
Questions or Comments – Our Contact Information
CreditPoint welcomes questions and comments about the Terms of Service. Questions or comments should be directed to firstname.lastname@example.org.
Last Modified: June 19, 2017
The Form of the HIPAA Business Associate Agreement
BUSINESS ASSOCIATE AGREEMENT
This BUSINESS ASSOCIATE AGREEMENT (the "BAA") is entered into by and between #PracticeName#, its commonly owned entities, owners, and affiliates ("Covered Entity") and CreditPoint, LLC, ("Business Associate") (each a "Party," collectively the "Parties") effective as of the date listed below (the "Effective Date"); and is entered for the purpose of complying with the final privacy, security, enforcement and breach notification regulations issued by the Department of Health and Human Services ("HHS") as the Health Insurance Portability and Accountability Act Omnibus Final Rule (the "HIPAA Rules"). This Agreement is effective as of #Date# (the "Effective Date") and shall replace any business associate agreement(s) previously entered by the parties that is still in effect as the Effective Date.
WHEREAS, the Covered Entity is a "covered entity," as that term is defined under the HIPAA Rules, and as such, is required to comply with the requirements thereof regarding the confidentiality and privacy of Protected Health Information; and
WHEREAS, the Business Associate has entered into a service agreement with the Covered Entity (the "Service Agreement") and will have access to, create and/or receive certain Protected Health Information in conjunction with the services being provided to Covered Entity under the Service Agreement; and
WHEREAS, by providing the services under the Service Agreement, the Business Associate is considered a "business associate" of the Covered Entity, as that term is defined under the HIPAA Rules.
NOW THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Covered Entity and the Business Associate agree as follows:
IN WITNESS WHEREOF, the parties hereto have caused this Business Associate Agreement to be executed by their respective duly authorized officers, effective as of the Effective Date set forth above.