Cambridgecredit.org Terms of Use

 

 

            Welcome to cambridgecredit.org.  This website offers information regarding personal debt management and permits users to obtain personal debt counseling services provided by Cambridge Credit Counseling Corp. (“Cambridge Credit”).  By accessing or using the site, you agree to abide by the Terms of Use below and other terms and conditions that may appear on this site.  Please take the time to read these Terms of Use carefully and understand their content before using the site.  If you do not agree to these Terms of Use, you are advised to cease use of this site.

 

            These Terms of Use may be modified by Cambridge Credit at any time without prior notice, and any modification shall be effective immediately upon the posting this site.  By accessing and using this site, you agree to periodically review these Terms of Use, as amended from time to time, and your continued use of this site represents your acceptance thereof.  If you have any questions regarding the foregoing Terms of Use, please contact us at (413) 821-8900 or PO BOX 1048, Agawam, Massachusetts 01001, Attn.: Quality Control.

 

            These Terms of Use were last revised June 2007.

 

1.         User’s Agreement.

 

                        You agree: (i) to abide by these Terms of Use, as modified from time to time; (ii) to maintain the security of your password and other nonpublic personal or otherwise confidential information, if applicable; (iii) to promptly update all information provided to Cambridge Credit through this site so that such information shall at all times be true, correct and complete in all material respects; and (iv) not to use (or cause or permit to be used) any services provide on or through this site in any illegal or proscribed manner.  You further acknowledge that you have read and understand, and will comply with, the terms and conditions of this site, including but not limited to these Terms of Use.

 

2.            Professional Advice.

 

                        This site provides online information and resources regarding personal debt management.  You acknowledge and understand that the information on this site is intended as general guidance and may not be applicable to your personal circumstances.  The information provided herein should not be relied upon independently.  Cambridge Credit encourages you to discuss your personal circumstances with a Cambridge Credit debt counselor or your legal or financial advisors.

 

 

3.            Information Provided on the Site.

 

                        While Cambridge Credit uses reasonable commercial efforts to verify the information submitted to us by third parties, Cambridge Credit makes no representations or warranties as to the truth, accuracy or timeliness of information provided on the site by any such party.

 

4.         Grant of Licenses.

 

            (a)            License from Cambridge Credit.  Cambridge Credit hereby grants to all users of this site, a personal, non-exclusive, non-transferable, limited revocable right to use this site in accordance with these Terms of Use.  You agree not to attempt, without the prior written consent of Cambridge Credit, to (i) co-brand this site or any portion thereof (i.e., display a name, logo, trademark of a third party on the site that may to another user create the impression that the party has a right to make such display), (ii) frame the site or any portion thereof (whereby the site or any portion thereof will appear on the same screen with a portion of another website); or (iii) link this site or portion thereof to any other site.  You further agree to cooperate with Cambridge Credit in causing any unauthorized co-branding, framing or linking to immediately cease.

 

            (b)            Proprietary Information - Content.  You hereby acknowledge that the content displayed on this site (“Content”) contains the intellectual property and proprietary information of Cambridge Credit, its affiliates and its other content providers.  All title to, ownership of, and rights in and to such Content are and at all times shall remain the sole and exclusive property of Cambridge Credit and/or its content providers.  Any reproduction, redistribution, display of the Content, or creation of a derivative work of the Content without Cambridge Credit’s prior written consent is expressly prohibited.   In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on this site or in any Content.

 

            (c)            Copyright and Trademark Notices.  “CAMBRIDGE CREDIT COUNSELING CORP.”, “GOOD PAYER PROGRAM”, AND “CAMBRIDGE CONSUMER CREDIT INDEX” are trademarks and/or service marks (as the case may be) of Cambridge Credit.  The name, trademarks, service marks, and logos of Cambridge Credit may not be used in any advertising or publicity, or otherwise to indicate the sponsorship of or affiliation with any product or service, without prior written consent.  The format of and Content on this site are the property of Cambridge Credit, and may not be reproduced without our prior written consent.

 

5.            Privacy.

 

            Cambridge Credit is committed to respecting the confidentiality of the nonpublic personal information provided to us by our users.  Please be aware that any information that you post or otherwise provide in any Forum on this site is not subject to the terms of the Privacy Notice.  For further information regarding our privacy practices, please review click on the Privacy Notice icon that is accessible from the Home page.

 

6.            Disclaimer of Warranties.

 

            THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES.  BY ACCESSING THIS SITE, USERS ASSUME ALL RESPONSIBILITY AND RISK OF USE OF THE SITE AND ANY PRODUCTS AND/OR SERVICES DESCRIBED HEREIN OR OBTAINED USING THE SERVICES PROVIDED HEREON.

 

            CAMBRIDGE CREDIT MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE QUALITY, TIMELINESS OR ACCURACY OF ANY CONTENT ON THE SITE.  WHILE THE CONTENT IS INTENDED TO EDUCATE USERS REGARDING TOPICS RELATING TO PERSONAL FINANCES AND DEBT MANAGEMENT, THIS INFORMATION SHOULD NOT BE RELIED UPON OR VIEWED AS PROFESSIONAL ADVICE.  USERS ARE ENCOURAGED TO CONSULT WITH A CAMBRIDGE CREDIT DEBT COUNSELOR OR THEIR PERSONAL LEGAL OR FINANCIAL ADVISORS REGARDING THE USER’S PARTICULAR CIRCUMSTANCES.

 

            CAMBRIDGE CREDIT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY WEBSITES TO WHICH THE SITE MAY BE LINKED OR WHICH MAY BE LINKED TO THE SITE.  A USER WILL BE SUBJECT TO SEPARATE TERMS AND CONDITIONS OF EACH SUCH SITE (IF ANY), AND CAMBRIDGE CREDIT ENCOURAGES YOU TO VIEW SUCH TERMS WHEN ACCESSING ANY SUCH LINKED SITE.  THESE LINKS ARE NOT INTENDED AS, NOR SHALL THEY CONSTITUTE, AN ENDORSEMENT OF ANY SUCH OTHER WEBSITE. CAMBRIDGE CREDIT ASSUMES NO RESPONSIBILITY FOR ANY SUCH OTHER WEBSITE.

 

            CAMBRIDGE CREDIT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE OR ANY SERVICES PROVIDED HEREON, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.  USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR PROTECTION OF THEIR COMPUTER SYSTEMS AND/OR ACCURACY OF DATA, AND FOR MAINTAININ A MEANS OF RECONSTRUCTION OF ANY LOST OR CORRUPTED DATA.

 

            CAMBRIDGE CREDIT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS SITE AND IS NOT RESPONSIBLE IN ANY WAY FOR ANY ITEMS POSTED HEREON.  ALL STATEMENTS CONTAINED ON THE SITE ARE STATEMENTS BASED ON INFORMATION PROVIDED TO CAMBRIDGE CREDIT AND ARE NOT REPRESENTATIONS OR WARRANTIES BY CAMBRIDGE CREDIT.  NO EMPLOYEE OF CAMBRIDGE CREDIT IS AUTHORIZED TO MAKE, ON OUR BEHALF OR ON BEHALF OF ANY USER OR LINK, ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN.  

 

7.            Limitation of Liability.

 

            UNDER NO CIRCUMSTANCES SHALL CAMBRIDGE CREDIT BE LIABLE TO ANY USER OR ANY OTHER PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO BY CAMBRIDGE CREDIT’S NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA, SALES, GOODWILL OR PROFITS, WHETHER OR NOT CAMBRIDGE CREDIT HAS BEEN ADVISED OF SUCH POSSIBILITY, OR UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. 

 

            A USER'S EXCLUSUIVE REMEDY, AND CAMBRIDGE CREDIT'S ENTIRE LIABILITY, IS LIMITED TO THE AMOUNT PAID BY SUCH USER TO CAMBRIDGE CREDIT FOR THE SERVICES PROVIDED TO SUCH USER BY CAMBRIDGE CREDIT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO CAMBRIDGE CREDIT’S LIABILITY.  The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Cambridge Credit will not be liable for any failure or delay in performance or operation of the Site caused in whole or in part by causes beyond its complete control, including, without limitation, fire, flood, explosion, war, strike, embargo, government regulation, civil unrest, military authority, act of God, acts or omissions of any carrier, transmitter, telephone company, Internet service provider (ISP), Internet backbone provider, vandal or hacker.

 

8.            Indemnity.

 

            You agree to indemnify, defend and hold harmless Cambridge Credit and its parents, subsidiaries and affiliates, and their respective directors, managers, officers, employees, agents and subcontractors against all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, attorneys' fees, that may at any time be incurred by reason of:  (i) any claim based upon alleged errors or omissions or misrepresentations any information provided by you to Cambridge Credit as part of its online credit counseling service; (ii) any virus, worm, Trojan Horse or other contaminating or destructive feature that you introduce onto or otherwise transmit to the site; or (iii) any other claim brought by a third party having a basis in contract or in tort, in law or in equity, including but not limited to negligence, misrepresentation, gross negligence, intentional misconduct, defamation or libel, or breach or invasion of privacy or confidentiality, with respect to any information you provide or introduce on or through this site.

 

9.            Forums. 

 

            (a)            Information Posted on Forums.  Information posted on forums, bulletin boards, or similar portions of the site (“Forums”) is supplied by third parties and other users, unless Cambridge Credit or its authorized representative identifies Cambridge Credit as the Content poster.  Any opinion, advice, statement, service, offer or other information or content expressed or made available by any third party or other user are those of the respective author(s) thereof, and not of Cambridge Credit.

 

            (b)            Restrictions on User Use of Forums.  You hereby agree that you will not post any of the following material in any Forum:  (i) material that threatens or abuses others, or which is defamatory or libelous, or which is invasive or violative of another’s privacy; (ii) material that you do not have a right to post, including but not limited to proprietary material of any third party; (iii) material that advocates any illegal activity or discusses an intent to commit an illegal act; (iv) material for advertising or commercial solicitation; (v) material that is vulgar, obscene, pornographic or indecent; or (vi) material that does not pertain directly to the subject matter of the particular Forum.

 

            (c)            Regulation of Forums.  Cambridge Credit reserves the right to monitor Forums to determine compliance with these Terms of Use and/or any applicable laws, rules or regulations, as well as the right to remove, refuse to post or redact any posting you create on any Forum upon or at any time after the discovery thereof.  Notwithstanding these rights, you remain solely and exclusively responsible for the content of your postings.  You acknowledge and agree that neither Cambridge Credit nor any third party content provider will have any liability with respect to any of your postings on any Forum. 

 

            (d)            Grant of License.  You hereby grant to Cambridge Credit a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, perform and display any message or material you post in any Forum and any other communication made to us provided it does not contain nonpublic personal information, and/or to incorporate it in other works in any form, media or technology, whether now known or hereafter developed.

 

10.            Notices.

 

            (a)            Notice to Cambridge Credit.  Except as explicitly stated otherwise herein, all notices and other communications must be sent to Cambridge Credit in English by certified mail, postage prepaid, addressed to Cambridge Credit.  Notices and other communications shall be deemed given three (3) business days after the notice is deposited in the mail in the manner and addressed as set forth above. 

 

            (b)            Notice to Users. Cambridge Credit may send you a notice and other communications by e-mail, U.S. mail or telephone to the address or telephone number you provide to us.  In such case, notice shall be deemed given three (3) business days after the date of transmission.  In the event that any e-mail notice shall be returned to Cambridge Credit because your e-mail address has changed or your service has been discontinued, such notice or other communication shall be deemed given on the date on which attempted delivery was made to such address.

 

11.       Fraud.

 

            It is illegal to use the site under a false name, user identification or invalid password.  Please be aware that even if you do not give Cambridge Credit your real name, you web browser will transmit a unique address to us, which can be used by law enforcement officials to identify you.

 

12.            Governing Law.

 

            This Agreement is governed by and shall be construed in accordance with the laws of the State of Massachusetts without regard to conflicts of laws principles.  Each party hereto hereby consents to the exclusive jurisdiction of and venue in the state and federal courts located in Hamden County, Massachusetts in all disputes arising out of or relating to the use of this Site.  Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.  Nothing contained in this Agreement is in derogation of Cambridge Credit’s right to comply with law enforcement requests or requirements relating to your use of this site.