User Agreement

User Agreement

Welcome to PiggyMyCredit. The following User Agreement, in conjunction with the Disclosure Agreement and your written contract with PiggyMyCredit, describes the terms and conditions under which PiggyMyCredit offers you access to our services. By using the services of PiggyMyCredit, you agree to the terms and conditions contained in this User Agreement, as well as those terms and conditions contained in your written contract with PiggyMyCredit. Before you may become a subscriber of PiggyMyCredit, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that you read this User Agreement in its entirety. This Agreement is effective as of August 1, 2007, for current users, and, upon acceptance, for new users. Using PiggyMyCredit While using PiggyMyCredit, you will not:

• post content or items on the web site;
• violate any laws, third party rights, or our policies;
• use the web site if you are not able to form legally binding contracts, or are under the age of 18
• fail to deliver payment services purchased by you;
• circumvent or manipulate our fee structure, the billing process, or fees owed to PiggyMyCredit;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information) on the web site;
• transfer your PiggyMyCredit account or payment to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes on the web site;
• distribute viruses or any other technologies that may harm PiggyMyCredit, or the interests or property of PiggyMyCredit users;
• copy, modify, or distribute content from the web site or PiggyMyCredit’s copyrights and trademarks; or,
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing PiggyMyCredit

“Bust Out Fraud” is a concern in the banking industry that PiggyMyCredit does not support. PiggyMyCredit controls its exposure and risk to Bust Out Fraud by restricting all Authorized Users whose credit reports display a “blank” or extremely limited history, where the AU has less than 24 months of primary credit user history, to being added only to the tradelines in our inventory that are less than $1000 Retail Price. This restriction is decided wholly and unilaterally at the discretion of PiggyMyCredit. If an Authorized User, or a client of a Reseller is found to have a blank file, as determined by PiggyMyCredit, the Authorized User/Reseller Client will be given the option of selecting tradelines at or below the $1000 Retail Price.

PiggyMyCredit works to keep the web site working properly and its customers safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, if any, and take technical and legal steps to keep users off the web site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

To join PiggyMyCredit you must first sign a contract with PiggyMyCredit. We do charge fees for using our services. The fees for our services are set forth in the contract. PiggyMyCredit reserves the right to change its fees for both new and existing customers. However, fee changes are only effective as of the date a new customer signs a contract or an existing customer renews a contract with PiggyMyCredit. We may choose to temporarily change the fees for our services for promotional events or new services. Such temporary changes are effective when we post the temporary promotional event or new service on the web site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes, if any, associated with our services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. These collection mechanisms include, but are not limited to: charging other payment methods on file with us, or retaining collection agencies and legal counsel to collect any amounts due from you.  Prior to the filing of a dispute against a credit card transaction used to pay for services with this company, the client agrees to make reasonable efforts to contact this company for the purpose of facilitating dispute resolution. If after contacting this company the client files an unsubstantiated and/or fraudulent credit card dispute, the client agrees to reimburse the company monetarily for any service or penalty fees charged to the company in connection with the dispute. In addition, the client shall be held liable for the maximum amount of damages allowable by law. If the client fails to reimburse the company for any service or penalty fees, the client’s account will be reported to a collection agency. Furthermore, the company reserves the right to report any and all unsubstantiated and/or fraudulent credit card disputes to law enforcement authorities and related financial agencies.

Confidentiality

All communications, verbal, written, or otherwise, between the company and the client shall be deemed confidential. The client shall not, during the term of this agreement or after the termination of this agreement, disclose any communications between the company and the client to any third party, except with the prior written consent of the company. Furthermore, the client agrees to refrain from making any disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as disparaging, slanderous, or defamatory, that may potentially result in harm to the company’s financial condition and/or reputation among the public at large. This provision shall remain in effect even after the termination of this agreement. Violation of this provision shall constitute a material breach of this agreement.

Limitation of Liability

You will not hold PiggyMyCredit responsible for other users’ actions or inactions, including things they post. You acknowledge that we are not a traditional service provider. Instead, this web site is a venue to allow a customer an alternative method to improve that customer’s credit score. To the best knowledge, information and belief of PiggyMyCredit, the services offered by PiggyMyCredit have not been deemed illegal, deceptive or fraudulent by any court or administrative agency having jurisdiction over the services provided by PiggyMyCredit. By using our services, a customer assumes all risk that these services offered by PiggyMyCredit may be declared illegal, deceptive or fraudulent by a court or administrative agency having jurisdiction over the services provided by PiggyMyCredit. If the services provided by PiggyMyCredit are declared illegal, deceptive or fraudulent by a court or administrative agency having jurisdiction over those services, then PiggyMyCredit reserves the right to immediately terminate any or all contracts with any or all customers; and, to immediately modify or cease its operations based on scope of the decision of that court or administrative agency. Nothing in this User Agreement shall adversely alter or affect the governing provisions of the California Consumer Protection Act. Furthermore, while PiggyMyCredit has taken available precautions to protect its web site, PiggyMyCredit cannot, and does not, guarantee absolutely continuous or secure access to our web site. Operation of the web site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of personal information that may result from the acts of third parties, or any special, indirect, or consequential damages arising out of your use of our web site. To the extent that California may not allow the disclaimer of warranties or the exclusion of damages, then any such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable for damages to you by a court or administrative agency having jurisdiction over our services, then our liability to you, or to any third party claiming damages through or on account of you, is limited to the total fees you paid to us under your current contract with us.

Release

Except as otherwise provided for in this User Agreement, you irrevocably release PiggyMyCredit, its agents, directors, employees, and officers from all claims, demands and damages, including but not limited to: actual, consequential, indirect, and special damages of every kind and nature, known and unknown, arising out of your use of our services. If you are a California resident, you waive any applicable provision of Colorado law, to the extent authorized by California, which holds that a general release is not enforceable.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the web site for any purpose without our prior, express, written consent. Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the web site without the prior, express, written consent of PiggyMyCredit and any appropriate or necessary third party;
• interfere or attempt to interfere with the proper working of the web site or any activities conducted on the web site; or,
• Bypass any measures we may use to prevent or restrict access to the web site.

Privacy

The protection of your privacy is a fundamental principle of PiggyMyCredit. We will not sell or rent your personal information to third parties for their marketing purposes without your prior, express, written consent. We use your information only as described in your contract and this User Agreement. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your information being stored, transferred, or used in this way please do not use our services.

Indemnity

You will indemnify and hold PiggyMyCredit, its agents, directors, employees, and officers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and PiggyMyCredit by this User Agreement.

Notices

Unless expressly stated otherwise, legal notices shall be served: on PiggyMyCredit registered agent at its registered office; or, on you at the last known street address that you provided to PiggyMyCredit during the registration process. A written notice shall be deemed successfully delivered three (3) business days after the date the written notice was placed in the United States mail, postage prepaid.

Resolution of Disputes

If a dispute arises between you and PiggyMyCredit, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PiggyMyCredit agree that we will resolve any claim or controversy at law or equity that arises out of this User Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes – This User Agreement shall be governed in all respects by the laws of the state of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PiggyMyCredit must be resolved by a court located in the City and County of San Diego, California except as otherwise agreed to by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the City and County of San Diego, California for the purpose of litigating all such claims or disputes.
• Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $15,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, that party shall initiate such arbitration through an established Alternative Dispute Resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration may be conducted in person, by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration does not need to involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims – All claims you bring against PiggyMyCredit must be resolved in accordance with this Resolution of Disputes section of this User Agreement. All claims filed or brought contrary to the Resolution of Disputes section of this User Agreement shall be considered improperly filed. If you file a claim contrary to the Resolution of Disputes section of this User Agreement, then PiggyMyCredit may recover attorneys’ fees and costs incurred by PiggyMyCredit, provided that PiggyMyCredit has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Amendments

PiggyMyCredit reserves the right to amend or change this User Agreement or any part of this User Agreement. Any amendment or change is effective when we post that amendment or change on our web site.

Additional Terms

If any provision of this User Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then that provision shall be struck and the remaining provisions of this User Agreement shall be enforced without reference to that provision. In our sole discretion, we may assign this User Agreement in accordance with the Notices section hereof. The headings used in this User Agreement are for reference purposes only and do not limit the scope or extent of a section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. When using particular services on the web site, you are subject to any posted policies or rules applicable to the services you use through the web site. These policies or rules may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement. The following sections of this User Agreement shall survive any cancellation, expiration, or termination of this User Agreement: Fees and Services (with respect to fees owed for our services), Release, Limitation of Liability, Indemnity, and Resolution of Disputes. This User Agreement, and any contract signed by you with PiggyMyCredit, set forth the entire understanding and agreement between the parties with respect to the subject matter hereof. All clients who wish to sign up for our services are required to download and read the Credit Repair and Organizations Act.