This agreement sets forth the terms and conditions to participate and use our Advanced Business Credit Monitoring feature to have existing accounts added to your business credit reports.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
Simply put, you joined eCredable to allow us to assist you in building your business credit profile. We do this by verifying the information you choose to share with us, and then sharing it with other companies like business credit bureaus and business lenders. You are granting us ownership of this information. When we share it with another company, you are granting the other company ownership of this information for their own purposes, to be governed by that company’s privacy policy. If you don’t want your information used by us or anyone else in this fashion, then you should not accept these Terms and Conditions.
This eCredable Membership Terms and Conditions Agreement (“Agreement”) is between eCredable.com, LLC (“eCredable”) and you, on behalf of yourself and the business you are registering (the “Business”), and by selecting “I Agree,” you indicate that you have carefully read and accept this Agreement. This Agreement describes the terms under which you may use this website (“Website”) and access the eCredable Products and functionality (“Products”) by becoming an eCredable Member. By checking the “I Agree” box below, you agree to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT THE BUSINESS YOU ARE REGISTERING IS A VALID BUSINESS ENTITY AND YOU ARE ACCESSING THE ECREDABLE SERVICE ON BEHALF OF THE BUSINESS. YOU FURTHER REPRESENT THAT YOU ARE A NATURAL PERSON AT LEAST EIGHTEEN (18) YEARS OF AGE, THAT YOU ARE A UNITED STATES NATIONAL OR YOU POSSESS AN EMPLOYER’S TAXPAYER IDENTIFICATION NUMBER (ETIN) OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN), THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
SHOULD YOU NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT “I AGREE” AND YOU WILL NOT RECEIVE THE PRODUCTS. ECREDABLE MAY CHANGE THIS AGREEMENT AND ECREDABLE’S PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES ON THIS WEB SITE. YOUR CONTINUED USE OF THIS SITE OR USE OF PRODUCTS AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES.
Becoming an eCredable Member.
To become an eCredable Business Member and to receive Products, you must first join eCredable. (To build a personal credit profile, you must register as an individual consumer at https://www.ecredable.com/.) You may register at the eCredable Website by fully and accurately completing the “Registration Form” located on this Website, and by providing eCredable with fully accurate personal information, or contact information about the Business, as eCredable may reasonably require, including without limitation your name, your Business name, address, telephone number, email address, date of birth, and other personal information to verify your identity as well as your or the Business’s financial information such as your credit or debit card number.
Provide Accurate Information
You, yourself or the Business, the eCredable member, agree to provide true, accurate, current and complete information about yourself and your Business, your Business bill payment accounts, credit or debit card accounts, and your Business Accounts maintained at other web sites (“Business Account(s))”; and you agree to not misrepresent your identity or your Business Account information. You affirm that you have legal and financial responsibility for the Business Account(s) that you provide to eCredable and that they are used in the operation of the Business, even though you may have opened them in your personal name. You agree to keep your Business Account information up to date and accurate.
Proprietary Rights
You are permitted to use content delivered to you through eCredable only on eCredable. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the eCredable technology, including but not limited to, any Java applets associated with eCredable.
Content You Provide
You are licensing to eCredable and its service providers and/or technology providers (“Service Provider”) that eCredable uses in the delivery of our Product(s) to you any data, passwords, information, materials, Business Account information or other content you provide through or to eCredable, or that you have authorized eCredable to acquire on your behalf (collectively, "Content"). eCredable and Service Provider may use, modify, display, distribute and create new material using such Content to provide Product to you. By submitting Content, you automatically agree, or promise that, as the owner of such Content, without any particular time limit, and without the payment of any fees, eCredable and Service Provider may use the Content for the purposes set out herein. As between eCredable and Service Provider, eCredable owns your Content.
Third Party Accounts
Sharing Information with Others
You joined eCredable for the purpose of establishing or enhancing your credit profile. In addition, you authorize us to share Content you provide and information about your Business Accounts with consumer and/or commercial credit reporting agencies (“CRA”) as part of the Product provided under this Agreement, who may, at their sole discretion, utilize the data as required for their credit information purposes for use by their clients, and with consumer and/or commercial financial institutions or other entities who may, at their sole discretion, utilize the data as required for their own credit underwriting purposes. If you believe we have furnished inaccurate or incomplete information about you or your Business Accounts, you may contact us:
Online Support at: Online Support
By phone at (888) 732-7227
By email at: support@ecredable.com
Via LiveChat in your eCredable account
Your Content will be shared automatically whether it has been acquired through the account linking process, through the manual verification process, or any other process, at your request. You may opt out of future sharing by un-linking your Business Account, by choosing not to obtain future manual updates of your Business Account, or by canceling your eCredable membership. This may have an impact on your credit report and any related credit scores.
Note: Depending on the policies of the bureau(s) that received your shared information, opting out from future sharing may or may not remove information previously shared about your Business Accounts.
In order for eCredable to share your information with other business credit bureaus with whom we have an active data-sharing business relationship, you may be required to have an active file at the other business credit bureau(s). It is your responsibility to ensure you have an active file if required, and you may be given the opportunity to opt-in with each respective business credit bureau we can potentially report to. You do not need to have an existing active file with Ansonia Credit Data, as your qualifying information will automatically be reported to Ansonia Credit Data based on your acceptance of this agreement.
If you cancel your membership or delete your Business Accounts from your eCredable Profile, eCredable retains the right to store and/or share any information we have obtained or any Content you have provided in order to fulfill our obligations under FCRA.
Payment.
You agree that, if you select an eCredable product for which payment is required, you will timely pay eCredable beforehand for Products, as required, on a monthly, semi-annual or annual basis (as determined by you when you register) and you authorize eCredable to charge your credit or debit card should you choose that method of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Products unless noted otherwise.
Business Account and Payment History Verification.
If you create an eCredable profile with Business Account payment information, your Business Accounts and payment history may need to be verified by an independent third party. Our Verification partners are prohibited from using your personally identifiable information for any other purpose including their own marketing. Ordering Verifications will require specific fees, unless otherwise indicated at the time of ordering.
Term and Cancellation Policy.
The term of this Agreement will continue until terminated, cancelled or not renewed by you or eCredable. eCredable may terminate this Agreement at any time upon notice to you with or without cause. If eCredable terminates this Agreement with cause for fraud, there shall be no refund of payment. If eCredable terminates this Agreement without cause, eCredable will promptly refund to you a prorata portion of any membership fees you may have already paid that have yet to be provided. Verification orders will not be refunded under any circumstance. Products provided by eCredable free of charge have no cash or refund value. You may terminate this Agreement at any time upon notice to eCredable with or without cause. If this Agreement has not been terminated, it shall automatically continue indefinitely, and you shall pay any required corresponding fees as published by eCredable from time to time.
If you cancel a paid membership, or your membership was provided to you free of charge through an eCredable affiliate or other free membership offer, your membership remains active for the remainder of the membership term, but your membership will no longer auto-renew at the end of that time period. Upon cancellation of your membership, if you have linked any accounts, those accounts will remain linked and eCredable will continue to download the payment history and reporting of the account(s) to commercial credit bureaus and/or commercial financial institutions or other entities until the end of your membership term, or you may unlink your account(s) to cease the payment history collection process and subsequent reporting to the aforementioned parties.
When your credit card has been charged, your order is non-refundable, and your membership automatically renews until you decide to terminate this Agreement.
If your credit card becomes invalid for any reason, we will notify you via email. From that point, you have 28 days to resolve the problem with your credit card before we try to charge your card again. If we still receive an error when trying to process your card, then we'll cancel your eCredable membership and send you an email letting you know.
Deleting your entire eCredable account does not cancel your membership. If you need to cancel your membership, please follow the cancellation instructions spelled out in the FAQ section.
Privacy Policy.
eCredable’s Privacy Notice is located on the eCredable Website and is incorporated by reference into this Agreement. You can review eCredable’s Privacy Notice at any time by visiting www.ecredable.com. By accepting the terms of this Agreement, you waive annual receipt of eCredable’s Privacy Notice.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF ECREDABLE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM ECREDABLE IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ECREDABLE AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PRODUCT AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM ECREDABLE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
ECREDABLE AND SERVICE PROVIDER MAKE NO WARRANTY THAT (i) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ECREDABLE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECREDABLE OR SERVICE PROVIDER THROUGH OR FROM THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability.
YOU AGREE THAT NEITHER ECREDABLE NOR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, LICENSEES, AND EMPLOYEES; OR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ECREDABLE OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) THE COST OF GETTING SUBSTITUTE PRODUCTS, (iii) ANY PRODUCTS, DATA, OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM ECREDABLE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON ECREDABLE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES OR (vii) ANY OTHER MATTER RELATING TO THE PRODUCTS. IN NO EVENT SHALL THE TOTAL LIABILITY OF ECREDABLE UNDER THIS AGREEMENT OR REGARDING PRODUCTS EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE TOTAL AMOUNT YOU HAVE PAID TO ECREDABLE FOR PRODUCTS.
Indemnification.
You agree to protect and fully compensate eCredable and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Products, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Third Party Beneficiary.
You agree that Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Agreement.
Arbitration.
You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement or the Products shall be settled by confidential arbitration in Fulton County, Georgia in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court. Although the cost of the arbitrator will be borne by eCredable, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of the Product Guarantee. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
Jurisdiction and Venue.
Subject to Section 14, any action related to this Agreement shall be governed by the substantive laws of the State of Georgia, without regard to conflicts of laws principles. The State and Federal courts located in Fulton County, Georgia, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
General.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of eCredable. Any purported assignment without such permission shall be void. Any waiver of any rights of eCredable under this Agreement must be in writing, signed by eCredable, and any such waiver shall not operate as a waiver of any future breach of this Agreement. You also agree to receive all required “written” notifications via electronic format, to include such items which may be presented to you from time to time by eCredable or others associated with this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Products and the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold eCredable, its officers, directors, agents, subsidiaries, joint ventures, licensees, and employees 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 Agreement, or your violation of any law or regulation, or the rights of any third party.
Residents of California: Other than for our everyday business purposes, we will not share your personal information with non-affiliates or affiliates without first giving you additional privacy choices.
Residents of Vermont: Other than for our everyday business purposes, we will not share the following without first giving you additional privacy choices: (i) personal information with non-affiliates; and (ii) personal information about your creditworthiness with affiliates or joint marketing partners.