Terms, Conditions of Use, & Disclaimer

Terms of Use

Introduction

YOUR USE OF THIS WEB SITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEB SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEB SITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEB SITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEB SITE.

THESE TERMS OF USE INCLUDE AN ARBITRATION CLAUSE. BY USING THIS WEB SITE OR THE iQUALIFIER SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION CLAUSE BELOW.

This Website (the "Site") is an online source of information about consumer credit reports, credit scores and products provided by iQualifier for your personal use, subject to your agreement to the terms and conditions set forth below.

You agree to only access or use this Web site and transact business with us if you are at least 18 years old. You agree to comply with and be bound by these Terms of Use as they appear on this Web site each time you access and use this Web site. Each use of this Web site by you indicates and confirms your assent and agreement to be bound by these Terms of Use. These Terms of Use are a legally binding agreement between you and IQualifier that will be enforceable.

You agree that you will not use or attempt to use this Web site for any purpose other than conducting legitimate business with IQualifier. You agree to not use or attempt to use this Web site or any part of this site for any purpose: that interferes with or induces a breach of the contractual relationships between IQualifier and its employees; that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications; that transmits any harmful or disabling computer codes or viruses; that harvests e-mail addresses from this site; that transmits unsolicited e-mail to this site or to anyone whose e-mail address included the domain name under on this Web site; that interferes with our network services; that attempts to gain unauthorized access to our network services; that suggests an express or implied affiliation with IQualifier (without the express written permission of IQualifier); that impairs or limits our ability to operate this Web site or any other person's ability to access and use this Web site; and/or that uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for the purpose of manipulating the results of any Internet search engine; or for any other purpose other than conducting business with IQualifier.

Credit Repair

PLEASE NOTE THAT IQUALIFIER IS NOT A CREDIT REPAIR ORGANIZATION OR SIMILARLY REGULATED ORGANIZATION GOVERNED BY THE FEDERAL CREDIT REPAIR ORGANIZATIONS ACT OR SIMILAR STATE LAWS. IQUALIFIER DOES NOT PROVIDE SO-CALLED "CREDIT REPAIR" SERVICES OR ADVICE OR GIVE ADVICE OR ASSISTANCE REGARDING "CLEANING UP" OR "IMPROVING" YOUR CREDIT RECORD, CREDIT HISTORY, OR CREDIT RATING.

Consent to obtain your Credit Report

In order to obtain your credit report or use the iQ Score Manager service, you understand and agree that by submitting your order you are providing "written instructions" to iQualifier in accordance with Section 604(a)(2) of the Fair Credit Reporting Act (FCRA) (i) to obtain your credit report from any consumer credit reporting company in order to provide the Program, and (ii) if applicable, permit iQualifier to notify your Mortgage Lender when you may become eligible for the Mortgage Lender's mortgage program.

You understand your iQualifier.com credit profile is not the credit report used by lenders to make credit decisions, but is a version that closely approximates it, and is made to be more understandable.

Right to Cancel

You have a right to cancel your account with iQualifier at any time. If you cancel your account you understand and agree that you are terminating your right of access to iQualifier.

These Website Terms of Use apply to iQualifier, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to as "iQualifier," "we," or "us." These Website Terms of Use apply to all users of this Site, including but not limited to registered users of iQualifier products or information. Each product may also have its own Customer Agreement. These Website Terms of Use are in addition to, and do not override, the specific terms and conditions of the Customer Agreements that apply to the products or services offered by iQualifier and others through this Site. If there is a conflict between these Website Terms of Use and a Customer Agreement for a specific product, the Customer Agreement will govern.

Access to this web site

IQualifier reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Web site.

Use of this web site

You agree and acknowledge that you have the sole responsibility and liability for your use of this Web site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.

Intellectual property rights

The following marks appearing on this Website including, but not limited to IQualifier® and its respective logos, emblems, slogans and designs are service marks of IQualifier LLC. Credit Plus is a registered service mark of Credit Plus, Inc. All other marks used on this Web site are the property of their respective owners.

Intellectual Property Rights

You acknowledge and agree that: all content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this Web site (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Web Page Content are owned by IQualifier, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content. You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site: in or as any meta-tag or hidden text; in or as part of any contextual marketing directory, index, or triggering term; as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's Web site or controls the content of any other Internet browser window.

Submissions

You acknowledge and agree that all submissions to iQualifier containing any comments, improvements, suggestions, and ideas regarding this Web site will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge IQualifier's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials

You acknowledge and agree that all testimonials submitted to iQualifier will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to iQualifier the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that iQualifier may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

Links to Other Web Sites

For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, iQualifier does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that iQualifier will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links

iQualifier does not permit third-party advertising on this Web site. You agree that you will only create links from another Web site or Web page to this Web site or any Web page within this Web site after obtaining written permission from iQualifier.

Revisions and Modifications

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Web site at the time you access this Web site. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Web site are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the Chief Executive Officer of iQualifier.

Location

You understand and acknowledge that iQualifier controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.

User IDs and Passwords

Certain areas or features of this Web site are restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify iQualifier immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

Privacy and Security

For information on how iQualifier uses and protects the personal information that you may provide through this Web site, please review our Privacy Policy.

Indemnification

If you make any unauthorized use of this Web site or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify iQualifier and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of iQualifier and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Web site and/or your breach/violation of or failure to comply with the Terms of Use.

Disclaimer of Warranties and Liability

This Site is for informational purposes only, and is intended to provide helpful and informative material on the subjects addressed. iQualifier does not provide legal, accounting, investment, financial, or any other kind of professional advice or services. To make sure that information or suggestions on this Site fit your particular circumstances, you should consult with an appropriate professional before taking action based on any suggestions or information on this Site. iQualifier does not control the content of your credit reports, which are based on your past or historical credit behavior, and we cannot change that information for you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. However, if information in your report is inaccurate, you have the right to dispute it by contacting the applicable credit bureau. We provide additional information about contacting the credit bureaus elsewhere on the Site.

INFORMATION AND PRODUCTS OFFERED BY IQUALIFIER AND OTHERS THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IQUALIFIER MAKES NO REPRESENTATION CONCERNING, NOR DOES IT WARRANT OR GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY IQUALIFIER AND OTHERS THROUGH THIS SITE. IN NO EVENT WILL IQUALIFIER BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR ANY USE OF THIS SITE OR ANY LINKED SITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR FAILURE TO ACHIEVE ANY PARTICULAR RESULT, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORT, OR STRICT LIABILITY, EVEN IF IQUALIFIER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF THOSE TYPES OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES IN CERTAIN TYPES OF AGREEMENTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Interactive tools such as letter-writing tools, coaching modules, simulators, and calculators are made available to you as information for your independent, personal use. We make no representations concerning, and do not guarantee, their accuracy or their applicability to your circumstances. Tools that are "personalized" reflect information about you (e.g., your credit score and the factors that are helping or hurting your score), but do not necessarily take all relevant information into account or provide results specific to your individual circumstances. The results of the iQualifier Score Simulator ("Simulator") are intended to approximate the impact of various actions on your credit score - if your situation is reasonably typical and if everything else stayed the same. Your actual score, and the results of any particular action, are the result of a complex interaction of the information stored in your credit report, some of which changes on a daily basis. The Simulator is provided for informational purposes only and should not be expected to provide accurate predictions in all situations. Consequently, we make no promise or guarantee with regard to the Simulator.

Credit Products

iQualifier does not make loans or credit decisions. iQualifier is not acting as a representative, agent, or correspondent for any third-party service provider ("Service Provider"). iQualifier does not endorse any particular Service Provider or loan or other product. Since everyone's financial circumstances are different you should make your own determination of which Service Provider, if any, you wish to work with, and which available loan or other product is most appropriate to your particular circumstances. You are under no obligation to use this Site to initiate contact or apply for credit with any of our Service Providers. iQualifier does not guarantee that you will be matched with a Service Provider, offered a loan or other product with satisfactory rates or terms, or receive a loan from a Service Provider. Any information you submit on this Site is not an application for credit or a request for a loan pre-qualification, but you may be asked to complete an application and/or provide other documentation to a Service Provider in connection with an application for credit. There is no minimum credit requirement to use iQualifier's loan services. Although we work with Service Providers experienced in working with consumers who have a variety of credit histories, if you have credit problems it is less likely that you will be offered any particular product, or if you are, that it will be offered with rates or terms you will find satisfactory. Rates and terms offered by our Service Providers are determined solely by each individual Service Provider and will likely vary depending on your particular credit history and other circumstances.

In consideration of your order of, access to, and/or use of any Product, Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if iQualifier has reasonable grounds to suspect that such information is untrue, inaccurate or not current, iQualifier, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Product Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that iQualifier will not be liable to you, your minor children or any third party if iQualifier suspends or terminates your order of, use of, or access to any Product, Product Websites or Content, or any portion thereof, for any reason.

Arbitration

This Site is controlled and operated by iQualifier through its corporate headquarters in the State of Maryland and this Agreement will be governed by, construed and enforced in accordance with the laws of the State of Maryland, as it is applied to agreements entered into and to be performed entirely within that State.

We will try work in good faith to resolve any issue you have with our products or the Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You agree that any dispute or claim arising out of or relating in any way to your use of this Site must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of iQualifier or any third party, in which case iQualifier or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (see http://www.adr.org/consumer). Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, you agree that you will not be allowed to file a class action or any kind of class or joint arbitration. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which the arbitrator is not authorized to award), and subject to these Website Terms of Use, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law.

The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of Maryland or to any Federal Court located within the State of Maryland for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.

If this arbitration agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from these Website Terms of Use and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Annapolis, Maryland.

You agree that, even if a statute of limitations or other law provides for a longer time period, any action against iQualifier, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to this Site or any information, products, or services available on or from this Site must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.

BECAUSE YOUR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN MARYLAND, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.

Miscellaneous

No waiver by iQualifier of any breach of these Website Terms of Use or of any Customer Agreement will constitute a waiver of any other breach of the same or other provisions. Any waiver must be in writing. If any provision in these Terms is found by a court or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should give effect to these Website Terms of Use to the extent possible, and the other provisions of these Website Terms of Use will remain in full force.

iQualifier is not responsible for delays or failure to perform due to causes beyond its reasonable control.

It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items, and to keep any logon ID and passwords you use to access the Site secret.

If we have not specifically granted you a right under these Website Terms of Use or a Customer Agreement, that right is reserved to iQualifier.

These Website Terms of Use, together with the Customer Agreement, Privacy Policy and other documents referred to herein and therein, constitute the entire agreement between you and iQualifier with respect to your use of this Site and the products and services you obtain from this Site.

FCRA Disclosures

NATIONWIDE CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE.

Under federal law you have a right to receive a free copy of your credit report from each of the three nationwide consumer bureaus once a year, and we encourage all consumers to take advantage of this law. However, you should know that the free credit reports do not include your credit score. You should also know that "credit scores" offered by others may not be FICO® scores and may not be scores that are used by lenders in making credit decisions. The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:

  • You have been denied credit, insurance or employment in the past 60 days as a result of your report
  • You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
  • You are a recipient of public welfare assistance
  • You have reason to believe that your file at the agency contains inaccurate information due to fraud

The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from iQualifier to dispute inaccurate or incomplete information in your Trans Union file or to receive a copy of your Trans Union consumer disclosure.

The credit report you are requesting from iQualifier is not intended to constitute the disclosure of Trans Union information required by the FCRA or similar state laws. Trans Union's National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by iQualifier. This disclosure report must be obtained directly from Trans Union by going to www.transunion.com, or by calling 888-555-1212.

The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from iQualifier may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. iQualifier's Products are not related to the free FCRA disclosure that you are or may be entitled to.

iQualifier makes no representations, warranties, or endorsements with respect to any non-iQualifier web site which may be accessed through a link on this Site. When you access a non-iQualifier web site, please understand that iQualifier has no control over the content or information or any products or services offered at that site or the privacy policies relating to that site.

Payment and Order Validation

We accept all major credit cards. At present, this includes Visa®, MasterCard®, American Express® and Discover®. We may pre-authorize your credit card at the time you place an order, which may have an effect on your available credit line. Upon processing your order, we will charge your credit card in full. We reserve the right to verify your method of payment and may reject any order you place with us for any reason. If we reject your order, we will attempt to notify you by e-mail. Your credit card will normally not be charged, if we reject your order. It the event that your credit card is charged before we reject your order, we will process a refund.

Order Disputes

Questions regarding your orders or disputes regarding charges to your credit card should be directed to us by e-mail at questions@iQualifier.com or by writing to us at IQualifier LLC, Attn: Customer Service, 31550 Winterplace Parkway, Salisbury, MD 21804. You may also call us at (877-224-8040).

International Use

Unless otherwise specified, the materials on this Site are intended for use by US residents only. Recognizing the global nature of the Internet, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside.