The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Dteckt or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Dteckt retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”)(the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
Use of Website and Materials
Dteckt provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Dteckt or the applicable rights holder.
Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers.
Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices.
Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users.
Reformat or frame any portion of the Website or Materials.
Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website.
Take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
Violate Website Terms, applicable law, or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic, or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our Website, remove hosted content, and take technical and legal steps to keep users off Websites 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 without notice.
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Dteckt by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
Warranty and Liability
Dteckt makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Dteckt shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL DTECKT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS, OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SERVICE OR CONTENT ON OR AVAILABLE THROUGH THIS SERVICE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT ON OR AVAILABLE THROUGH THIS SERVICE. YOU AGREE THAT DTECKT SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Privacy & Security
You agree to indemnify, defend, and hold harmless Dteckt and its officers, directors, employees, agents, and representatives from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur because of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Website Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
Notice Regarding Technology
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.
Dteckt reserves the right to investigate complaints or reported violations of Website Terms and to take any action
Dteckt deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Dteckt reserves the right to seek all remedies available at law and in equity for violations of these Website Terms, including but not limited to the right to block access from a particular Internet address to any Dteckt website.
Confidentiality of Information
Please do not use the information on our Website to distribute unsolicited bulk e-mails, solicitations, or inquiries. The foregoing acts will constitute a violation of the Website Terms.
A. FOR CREDIT EDUCATION SERVICES.
WHO MAY USE – (a) You agree that You will use Dteckt only for your own behalf. You will be responsible for all use of your membership number and must notify Dteckt immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.
(b) You understand that by enrolling in the Dteckt service, You are providing “written instructions” in accordance with the federal Fair Credit Reporting Act, as amended (“FCRA”), for Dteckt and its service providers, which may include CSIdentity Corporation (“CSID”), to obtain information from your personal credit profile from Experian, Equifax, and TransUnion, the three major credit reporting agencies. You authorize Dteckt and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting, and scoring products.
B. FOR SMALL BUSINESS CREDIT SERVICES.
You understand and agree that, by establishing an account with Dteckt, or submitting or enrolling for any Service, you have provided “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for (Dteckt) to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you while you have an account with Dteckt, and such information may be obtained from Experian Information Solutions, Inc., and/or Dun & Bradstreet, Inc. (“Credit Bureaus”) or any other credit reporting company. You understand and agree that, pursuant to such authorization, Dteckt may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit monitoring, credit scoring, credit score monitoring and tracking, or alerts for, among other things, new accounts, inquiries, other changes to information contained in your credit report. You understand and agree that, by establishing an account with Dteckt, you have provided express consent to receive credit monitoring, credit scoring, credit score monitoring and tracking and/or alerts. You understand and agree that Dteckt may, from time to time, provide additional products, services, features, and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to Dteckt for Dteckt to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you to review while you have an account with Dteckt.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CALLING CUSTOMER SERVICE AT 240-823-4344 OR EMAILING SUPPORT@DTECKT.COM. IN THE UNLIKELY EVENT THAT CUSTOMER SERVICE IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE WITH Dteckt OR Dteckt’s SERVICE PROVIDER(S) TO YOUR SATISFACTION (OR IF DTECKT AND/OR DTECKT’S SERVICE PROVIDER(S) HAVE NOT BEEN ABLE TO RESOLVE A DISPUTE WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), YOU, ON THE ONE HAND, AND DTECKT AND/OR DTECKT’S SERVICE PROVIDER(S), ON THE OTHER, EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. WE WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, YOU, ON THE ONE HAND, AND DTECKT AND/OR DTECKT’S SERVICE PROVIDER(S), ON THE OTHER, WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM EACH OTHER PARTY TO THE SAME EXTENT AS YOU AND THEY WOULD BE IN COURT.
(B) ARBITRATION – You, on the one hand, and Dteckt and/or Dteckt’s service provider(s), on the other, agree that any claim or dispute (“Claim”) between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations. It is the parties’ intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by You against Dteckt or Dteckt’s service provider(s) as well as their respective corporate affiliates for claims arising out of this Agreement directly related to the services or product/service websites. However, any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act (“FCRA”) and/or the FCRA’s state law equivalent(s), are not subject to or governed by this agreement to arbitrate. You agree that, by entering into this Agreement, You, Dteckt and Dteckt’s service provider(s) are each waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for your payment of your arbitration filing fee. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. YOU, ON ONE HAND, AND DTECKT AND/OR DTECKT’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. [Further, unless both You and Dteckt]* agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section [_] shall be null and void. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section [_] shall survive any termination, cancellation or expiration of this Agreement.
LIABILITY – NEITHER DTECKT, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES SHALL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER DTECKT, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE DTECKT SERVICE. NEITHER DTECKT, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES OR YOUR REQUEST, USE OR ATTEMPTED USE OF THE SERVICES. NEITHER DTECKT, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU IN ANY EVENT IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID DTECKT FOR YOUR MEMBERSHIP. DTECKT IS NOT A CREDIT COUNSELING SERVICE AND DOES NOT PROMISE TO HELP YOU OBTAIN A LOAN OR IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.