HOGO® Terms of Use

Last Revised: 06/15/2023

Hi and welcome to HOGO®! HOGO® is a software application (the "App") owned and provided by ConsumerDirect®, Inc. ("ConsumerDirect®" or "we" or "us"). For purposes of this Agreement, the App means and includes the software application and all features, functions, products, content, information, materials, and services (collectively, "Features") provided in or through the App.

These Terms of Use (the "Agreement") constitute a binding legal agreement between you ("User" or "you") and ConsumerDirect® and govern your use of the App.

BY CLICKING THE "AGREE" BUTTON WITHIN THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AN INDIVIDUAL, 18 YEARS OF AGE OR OLDER, A RESIDENT OF THE UNITED STATES OF AMERICA, AND ENTERING INTO THIS AGREEMENT SOLELY IN YOUR PERSONAL, INDIVIDUAL CAPACITY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, INCLUDING WITHOUT LIMITATION THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS ANY DISPUTES WITH RESPECT TO THE APP OR THIS AGREEMENT. ACCORDINGLY, THIS AGREEMENT CONTAINS A WAIVER OF JURY TRIALS AND CLASS ACTIONS. IF YOU DO NOT AGREE TO ANY PART OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APP, AND DELETE IT FROM YOUR DEVICE IMMEDIATELY.

We may amend this Agreement from time to time. In such event, we will post the new Agreement on this page with an updated "Last Revised" date, and we will notify you by emailing you, by sending an in-App alert the first time you use the App after we make the change, or by any other means we reasonably determine to give you notice. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. Your continued use of the App after any such amendment will constitute your agreement to this Agreement as amended. If you do not agree to any amendment, you may not continue to use the App and you must deactivate your Account and delete the App from your device(s). Notwithstanding any of the foregoing to the contrary, any amendment to the Arbitration section shall not apply to any disputes for which the parties have actual notice before the date this Agreement is updated.

  1. Availability of App. The App is available to users who are over the age of 18 and residents of the United States of America, for downloading via websites or software offering applications using either a device running the Android operating system (an "Android Device") or an Apple, Inc.-branded device running iOS (an "Apple Device"). If you use the App on an Android Device or an Apple Device, your use of the App is also subject to the Section Terms Specific to Use on Android Devices or Terms Specific to Use on Apple Devices, as applicable. You are responsible for providing at your own cost all devices and Internet access necessary for you to use the App.
  2. Updates to and Availability of the App.. ConsumerDirect® may from time to time in its sole discretion develop and provide updates to the App or any part thereof, which may include upgrades, bug fixes, patches, other error corrections, and/or new or updated Features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain Features. You agree that ConsumerDirect® has no obligation to provide any Updates or to continue to provide or enable any particular Features within the App. ConsumerDirect® shall not be liable to you or any third party for any modification or discontinuance of the App or any particular Feature within the App. All Updates shall be deemed part of the App and shall be subject to all of the terms and conditions of this Agreement. Based on your device settings, when your device is connected to the internet, either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so.
  3. License. ConsumerDirect® hereby grants you a revocable, non-exclusive, non-transferable, limited license for you to download, install, access, and use the App on one or more devices that you own or control, for your personal, non-commercial use (the "License"), strictly in accordance with the terms of this Agreement and the "App Features Documentation" as made available from time to time at the following link: https://www.hogo.com/app-features/. The App Features Documentation is hereby incorporated by reference as if fully set forth herein. This License may be subject to any additional restrictions imposed by the provider of the website or platform from which the App is downloaded or by the manufacturer, provider, or seller of the device on which the App is installed and used.
  4. License Restrictions. You shall not:
    • 4.1. copy the App, except as expressly permitted by the License;
    • 4.2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
    • 4.3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
    • 4.4. run, install, upload to, or distribute through the App or our network any software, code, scripts, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
    • 4.5. attempt to gain unauthorized access to any part of the App or any user accounts, or any of the App’s computer systems or networks;
    • 4.6. access or use the App in any manner that could harm, damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, the App or our or our licensees' computer systems, networks, or the account of any other user;
    • 4.7. access or use the App in any manner that is unlawful or breaches any policy or notice on the App;
    • 4.8. impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person's user name, password or other account information or another person's name, likeness, image or photograph;
    • 4.9. transmit or otherwise disseminate any communication or other material through the App that is harassing, intimidating, threatening, abusive, indecent, pornographic, sexual, fraudulent, or infringing, or that is otherwise offensive or objectionable;
    • 4.10. use the App to advertise or solicit or send junk email, spam, or repetitive messages;
    • 4.11. charge any person for access to any portion of the App or any information thereon;
    • 4.12. access the App through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the App);
    • 4.13. automatically connect (whether through APIs or otherwise) data obtained from or accessed in the App to other data, software, services or networks;
    • 4.14. engage in "framing" or "mirroring," or otherwise simulate the appearance or functionality of the App;
    • 4.15. record, process, scrape, or mine information about other users, or index any portion of the App;
    • 4.16. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
    • 4.17. violate any of our or our licensors' rights, or use the App to violate the rights of any third party, including without limitation copyrights or trademark rights;
    • 4.18. use the App for any unlawful or fraudulent purpose;
    • 4.19. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any Features of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
    • 4.20. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
    • 4.21. assist, encourage or enable others to do any of the preceding prohibited activities.
  5. Intellectual Property; Reservation of Rights.
    • 5.1. The App and all Features thereof are the property of ConsumerDirect® or our licensors or Third-Party Service Providers, and are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights. You acknowledge and agree that ConsumerDirect®'s name, logos, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of ConsumerDirect® or our licensors or Third-Party Service Providers (collectively "Marks"). You agree you will not use any such Marks for any purpose without the appropriate prior written authorization. Marks may not be used in connection with any service, websites, or digital property that are not ConsumerDirect®'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ConsumerDirect® or our licensors or Third-Party Service Providers.
    • 5.2. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. ConsumerDirect® and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement via the License.
  6. Your Account.
    • 6.1. Account Registration. You are required to create an account with us (your "Account") to use the App. We reserve the right to refuse or reject any request to create an Account for you for any reason, in our sole and absolute discretion.
    • 6.2. Accuracy of Personal Information. You agree to provide accurate, complete, true, and current information about yourself when creating your Account, using the App, or responding to any request by us or otherwise in connection with the App.
    • 6.3. Passwords. You shall establish a unique password to secure access to the App and your Account. You shall use best efforts to maintain the confidentiality and security of your password and any other security data (e.g. security questions), and the security of all devices with which you may log into the App with your Account. You are responsible for all activities that occur on or in connection with the App with your password or on any device of yours, including without limitation for all instructions electronically transmitted to or through the App and for the use of any data, information, or services obtained using your password or any device of yours. ConsumerDirect® shall have no duty to inquire as to the authority or propriety of any instructions given to us by you or via the App signed in with your password, and we shall be entitled to act upon any such instructions and will not be liable for any loss, cost, expense or other liability arising out of any such instructions. You accept full responsibility for the monitoring of your Account including frequently checking your Account information, reviewing your App usage history online, and promptly reviewing any correspondence, statements and other information received from us. You must notify us immediately if you become aware of any unauthorized access, activity, disclosure, loss, theft, or unauthorized use of your password or Account. You agree to cooperate with us in any investigation and to take corrective measures to protect your Account from further fraudulent activity.
  7. Suspension and Termination of the App or Your Account.
    • 7.1. We reserve the right to suspend or terminate your Account and/or access to the App at any time in our sole discretion if (a) you are in breach of this Agreement or any other agreement with us; or (b) your use of the App could cause a risk of harm or loss to us, our other users, or any of our vendors or third-party service providers.
    • 7.2. You understand that if your Account and/or access to the App is suspended or terminated, you may no longer have access to the content that is stored on or in connection with the App.
    • 7.3. YOU ACKNOWLEDGE AND AGREE THE YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING THE APP. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON WITH OR WITHOUT NOTICE TO YOU.
  8. Third-Party Materials, Service Providers, and Terms.
    • 8.1. Certain Features in the App may display, include, or make available content, information (including without limitation account or other personal information), materials, data, advertisements, product or service offerings, software, application, or services ("Third-Party Materials") from third parties ("Third-Party Service Providers"). You acknowledge and agree that we do not review any Third-Party Materials for accuracy, and we are not responsible for any Third-Party Service Providers or Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials or Third-Party Service Providers. Third-Party Materials and Third-Party Service Providers are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the terms and conditions and privacy policies of each such Third-Party Service Provider ("Third-Party Terms"). If you do not agree with any Third-Party Terms, you may not be permitted to access and agree not to access the applicable Third-Party Materials or Third-Party Service Providers. You agree to comply with all applicable Third-Party Terms for any Third-Party Materials or Third-Party Service Providers that you access through the App, and your violation of any such Third-Party Terms will also be deemed a violation of this Agreement.
    • 8.2. Without limiting the generality of the foregoing, from time to time you may see advertisements or offers from Third-Party Service Providers. We do not guarantee any presentment of advertisements or offers for any particular types of products or services or that the presentment of any advertisements or offers that we do provide will include all potential products or services for a particular category. We do not guarantee that you will meet the approval criteria for any particular advertisement or offer shown. Any decision to click through, review, apply for, or accept or reject a Third-Party Service Provider advertisement or offer shall be your choice alone, and we do not encourage, endorse, or make any recommendation with respect to any such advertisements or offers. We hereby disclaim any and all liability for or with respect to such advertisements or offers and the underlying products or services, including without limitation any claim that a product or service is unsuitable or fails to meet your needs.
  9. Authorizations to ConsumerDirect®
    • 9.1. Authorization to Collect and Share Personal Data. . Some of the App’s Features require us to collect, process, and disclose your personal information in order to provide such Features to you. For example only, PrivacyMaster® scans and monitors various websites to determine whether third parties may have your personal information, and we must share your personal information with third parties in order to provide this Feature. You authorize us to collect (from you and others) certain personal information about you as part of providing the App. We may also use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the App. We will collect, use, and share your personal information as disclosed in and in accordance with our Privacy Policy located at https://www.hogo.com/privacy-policy/. You grant us and our licensees, successors, and assigns a limited, royalty-free, non-exclusive license to collect, compile, process and display your personal information (in complete and/or redacted form) to provide the App. You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. This license permits us to make your personal information available third parties to whom we submit requests on your behalf and display this information to you via the App. Moreover, you grant us and our agents the right to communicate with third party organizations, including but not limited to data brokers, businesses, non-profit organizations, and governmental agencies on your behalf regarding your rights in and to your personal information, pursuant to requests made or actions taken by you within the App. This includes the right to submit complaints on your behalf regarding violations of your privacy, consumer protection, confidentiality, data security, or similar laws, regulations, obligations or requirements.
    • 9.2. Authorization to Act as Your Limited Agent. Our PrivacyMaster® product is intended to assist you in exercising your privacy rights with various entities that control and process your personal information. When signing up for PrivacyMaster®, you authorize us to act as your limited agent in order to exercise your rights or privileges under state and federal laws and regulations, private contracts or commitments (including the privacy notices, terms of service, and other representations from companies regarding the processing of your personal information). You grant us the right to exercise such rights and privileges on your behalf, including, without limitation, the right to access and receive the categories and specific pieces of personal information about you (which may or may not be known by you), the right to request deletion of your personal information, the right to opt-out of certain processing activities (like the sale of personal information), the right to restrict the use of your personal information, the right to request rectification of your personal information; and the right to receive personal information from third parties in fulfillment of your rights and privileges. You may withdraw your permission at any time by terminating your use of the PrivacyMaster® product.
    • 9.3. Grant of Limited Power of Attorney.. You, the Member, hereby grant ConsumerDirect®, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
    • You further grant to ConsumerDirect® full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
    • ConsumerDirect®, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to ConsumerDirect® the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
  10. Feedback and Other Submissions.
    • 10.1. You hereby assign to ConsumerDirect® all right, title, and interest in, and ConsumerDirect® is free to use, without any attribution or compensation to you or any other party, any comments, ratings, suggestions, ideas, or recommendations you may provide related to the App or any Features thereof, and any other intellectual property rights contained therein, for any purpose whatsoever, whether in the App, otherwise directly to us, or within the Google Play Store or Apple App Store.
  11. Communication Preferences
    • 11.1. You consent to receiving communications from or on behalf of ConsumerDirect®, which communications may include, without limitation, in-App notifications, SMS text messages, emails, and phone calls. Some communications may pertain to your Account or the App. Other communications may be marketing communications. Standard message and data rates may apply in each instance. You understand and agree that you may receive marketing communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of ConsumerDirect®; your agreement to receive such messages is not a condition of purchase or required to receive any Features of the App. You represent and warrant that you are the subscriber and/or primary user of any telephone number that you provide us.
    • 11.2. If you do not wish to receive phone calls or SMS text messages, you may opt out of such messages by updating your communication preferences in your membership profile, or by replying "STOP" from the mobile device receiving the messages. You understand and agree that, in response to any such "STOP" message, you will receive a single SMS text message indicating that you will no longer receive any SMS text messages from or on behalf of ConsumerDirect®. For in-app notifications, you can change your settings in the mobile application and/or on your mobile device.
    • 11.3. If you prefer not to receive emails from us about offers and promotions, please unsubscribe via the unsubscribe link in an email, or Contact Us. Alternatively, you may opt-out of commercial email by updating your communication preferences in your Account profile. We will make efforts to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of third parties with which we have already disclosed personal information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
    • 11.4. Please carefully read our Privacy Policy at https://www.hogo.com/privacy-policy/to learn more about how we handle your data.
  12. SMS Notification
    • 12.1 SMS Service Description: HOGO®’s mobile notification service allows you to receive notifications based on the categories you have selected. These categories include marketing messages and/or account notifications (such as subscription, removal alerts, credit data alerts, etc.) via SMS/MMS (Short Message Service/Multimedia Messaging Service).
    • 12.2 User Opt-Out: Users can opt out of any HOGO®SMS messages, by replying "STOP". Users may get an opt out confirmation via SMS message. Users can also opt out by contacting us at [email protected]. After opting out, Users will no longer receive HOGO® ‘s SMS messages.
    • 12.3 User Opt-In: Users must opt-in to receive SMS notification by registering online or texting the keyword provided via SMS in response to a call-to-action message. When opting in, the user accepts the Terms to participate.
    • 12.4 Cost and Frequency: Message and data rates may apply and are the sole responsibility of the User. Message frequency varies. HOGO® service includes periodic mobile messages, users may receive additional mobile messages based on their interactions with HOGO®.
    • 12.5 Support Contact Information: For assistance, text "HELP" to any message received from HOGO®, contact us at [email protected], or call us at (877) 372-3895.
    • 12.6 SMS/MMS Message: If MMS messaging is not supported through the user’s mobile device, an SMS message will be sent to the user.
    • 12.7 Carrier Liability Disclosure: Neither HOGO® nor any SMS/MMS/Mobile Carriers are liable for delayed or undelivered messages. Undelivered messages may be caused by a communication glitch between HOGO®’s SMS service providers and Carriers.
    • 12.8 Messaging Disclosure: HOGO® is not liable for any failures or delays when delivering SMS. The delivery of messages to users is according to the transmission provided by the carrier’s wireless service network, which is out of HOGO®’s control.
  13. Subscriptions; Cancellation; No Refunds
    • 13.1. If you subscribe for a Paid Membership, you will be billed in U.S. dollars at the recurring rate set forth in the App at the time of subscription. We will charge you upon purchase and every month thereafter until you cancel your Paid Membership. You agree to pay all monthly charges when due until you cancel your Paid Membership. We may change the amount of subscription fees from time to time upon notice to you. If you do not agree to any price change, you may cancel your Paid Membership prior to the price change becoming effective. If you do not timely cancel your Paid Membership, you will be deemed to have agreed to such price change.
    • 13.2. You can cancel a Paid Membership in the App at any time. You must cancel before the subscription renews for a subsequent month to avoid being charged subscription fees for such month. If you cancel your subscription, the cancellation will become effective at the end of the then-current monthly subscription period, and you will continue to have access to your subscription until the end of the monthly billing cycle in which you cancel. If you would like to cancel your service at any time, you must cancel the service through Apple or Google customer care pursuant to the Google Play Terms of Service or the Apple Media Services Terms and Conditions, as applicable. If you have difficulty cancelling your Paid Membership, you may contact us using the contact information in this Agreement, and we will use reasonable efforts to assist you in cancelling your Paid Membership with Apple or Google, as applicable. WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTION, PRORATED OR OTHERWISE.
    • 13.3. Reactivation of Services. If you cancel a Paid Membership, it may be possible to reactivate your subscription through the Apple App Store or the Google Play Store, as applicable, without re-opening this application using Account Settings.
  14. No Professional Advice or Credit Repair; Credit Disclaimers.
    • 14.1. NONE OF ConsumerDirect®, ITS AFFILIATES, LICENSORS, SUPPLIERS, THE APP, OR ANY THIRD-PARTY SERVICE PROVIDERS, ARE PROVIDING ANY LEGAL, TAX, PRIVACY, CREDIT REPAIR, CREDIT COUNSELING, OR OTHER PROFESSIONAL ADVICE.
    • 14.2. The information presented to you via the App is solely for information purposes, and any actions, options, suggestions, considerations, or other representations made to you through the App are illustrative in nature only. You are solely responsible for the actions you take, including without limitation any instructions given to ConsumerDirect® through the App or otherwise.
    • 14.3. WE DO NOT PROVIDE CREDIT REPAIR SERVICES OR CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO CLEAN UP OR IMPROVE YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY USE OF "IMPROVE" OR "GOAL" OR SIMILAR WORDS DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONES CREDIT RATING.
    • 14.4. The App has Features that may allow you to communicate directly with your creditors. We are a neutral system and we do not instruct, advise, recommend, or otherwise encourage you to take actions directly with any creditor. You are solely responsible for any actions you take or communications you have with your creditors.
    • 14.5. Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. We are not affiliated with the Annual Credit Report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies at Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. We are not affiliated with the Annual Credit Report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies at AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
    • 14.6. WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: "ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US OR OUR APP) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE."
    • 14.7. The Federal Trade Commission and some States' Attorneys General regulate creditors, credit bureaus and credit care organizations. As a safe harbor statement please know: "You have the right to sue a credit services organization if it misleads you."
    • 14.8. You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.
    • 14.9. The credit data provided or requested through the App is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
    • 14.10. In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
    • 14.11. You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency and/or the reporting creditor must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
    • 14.12. YOU UNDERSTAND ANY ACTIONS YOU MAY TAKE DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR'S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR ACTION AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US TO COMMUNICATE WITH YOUR CREDITORS. YOU MAY COMMUNICATE DIRECTLY WITH YOUR CREDITORS FOR ANYTHING YOU WISH AT ANY TIME.
    • 14.13. If, separately from using our product, you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
    • 14.14. Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation.
    • 14.15. Your online access to your consumer credit report data and Alerts is subject to verification of your identity. You understand that by enrolling in a Paid Membership, you are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for us and our service providers to obtain information from your personal credit profile from Experian, Equifax, and/or Transunion, the three major credit reporting agencies. You authorize us and our service providers to use your Social Security Number and certain other non-public personal information about you to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products, if and as applicable. You authorize us to use and analyze your credit information to provide the App and the Features.
  15. Disclaimer of Warranties.
    • 15.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS ATYOUR SOLE RISK. THE APP AND ALL FEATURES THEREOF, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT YOU OBTAINED FROM YOU OR THIRD PARTIES RESULTING FROM YOUR USE OF THE APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ConsumerDirect® AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ConsumerDirect® AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY OR UNDERTAKING THAT (I) THE APP OR ANY FEATURES THEREOF ARE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR ANY FEATURES THEREOF WILL BE RELIABLE, MEET YOUR REQUIREMENTS, OR ACHIEVE ANY INTENDED RESULTS; OR (III) THAT THE APP WILL BE COMPATIBLE WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.
    • 15.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  16. Limitation of Liability. TTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF ConsumerDirect® AND ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP OR ANY FEATURES THEREOF OR YOUR USE OF OR INABILITY TO USE ANY OF THE FOREGOING OR YOUR RELIANCE ON ANY OF THE FOREGOING, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITIES WERE FORESEEABLE OR ANY OF THE FOREGOING WERE ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, SHALL BE LIMITED AS FOLLOWS:
    • 16.1. IN NO EVENT SHALL ANY OF THE FOREGOING BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST REVENUE OR PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOST DATA, OR OTHERWISE.
    • 16.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FOREGOING EXCEED THE AMOUNT OF ANY FEES ACTUALLY PAID BY YOU FOR A PAID MEMBERSHIP DURING THE TWELVE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
    • 16.3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE FOREGOING PARTIES DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN OR RELATED TO YOUR PERSONAL INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. FURTHERMORE, NONE OF THE FOREGOING SHALL BE RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, ANY ACTIONS RELATED TO INSTRUCTIONS AND/OR AUTHORIZATIONS GIVEN BY YOU TO US, THROUGH THE APP OR OTHERWISE.
    • 16.4. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  17. Indemnification You agree to indemnify, defend, and hold harmless ConsumerDirect® and its affiliates and their respective officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the information you submit or make available through the App. settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the information you submit or make available through the App.
  18. Arbitration
    • 18.1. You and ConsumerDirect® agree that all claims and disputes arising out of this Agreement or otherwise related to the App or any Features thereof shall be resolved exclusively by binding arbitration pursuant to the then-current rules of JAMS before a single neutral arbitrator working under the auspices of JAMS. Any dispute regarding arbitrability shall be determined by the arbitrator, which determination shall be conclusive. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The arbitration shall be held in Orange County, California. The arbitrator’s award may be entered in any court of competent jurisdiction.
    • 18.2. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. For purposes of this arbitration provision, references to "ConsumerDirect®," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the App or any Features thereof.
    • 18.3. Notwithstanding the foregoing, either party may bring an individual action in small claims court to the extent permitted by applicable law.
    • 18.4. THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE APP AND ENTERING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.
    • 18.5. Notwithstanding any provision in this Agreement to the contrary, the prevailing party, as determined by the arbitrator or by a court of competent jurisdiction, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the arbitration.
    • 18.6. YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY SUCH ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor ConsumerDirect® are entitled to arbitration.
    • 18.7. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    • 18.8. A party who intends to seek arbitration must first send to the other party a written Notice of Dispute ("Notice"). The Notice to ConsumerDirect® shall be sent by certified U.S. mail, postage prepaid, addressed to: ConsumerDirect®, Inc., ATTN: Legal, 16795 Von Karman, # 230 Irvine, CA 92606 ("Notice Address"). The Notice to you may be sent to any contact email or physical address that you provide to us, or any other method by which personal service may be made under applicable law. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from ConsumerDirect® ("Demand"). If the parties are unable to resolve any claim within 30 days after the Notice is received, either party may commence an arbitration proceeding.
  19. Terms Specific to Use on Android Devices. For the avoidance of doubt, this Agreement sets forth additional terms and conditions of an end user license agreement between you and the Provider (us), as referenced in the Google Play Terms of Service. Your use of the Google Play Store is subject in all respects to the Google Play Terms of Service.
  20. Terms Specific to Use on Apple Devices. If you access or use the App on an Apple Device, the following additional terms shall apply:
    • 20.1. This Agreement is between you and ConsumerDirect® only, and not with Apple, Inc. ("Apple"), and ConsumerDirect® is solely responsible for the App and the content thereof.
    • 20.2. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
    • 20.3. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. Furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ConsumerDirect®’s sole responsibility, as set forth in these terms and conditions.
    • 20.4. ConsumerDirect®, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
    • 20.5. If any third party claims that the App or User’s possession and use of the App infringes that third party’s intellectual property rights, ConsumerDirect®, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    • 20.6. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and, upon User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
    • 20.7. Your license to and use of the App are subject in all respects to Apple’s Usage Rules set forth in the Apple Media Services Terms and Conditions, and your use of the Apple App Store is subject in all respects to the Apple Media Services Terms and Conditions. For the avoidance of doubt, this Agreement constitutes a Custom EULA under the foregoing terms.
    • 20.8. You acknowledge that the App and your information contained therein may be accessed and used by other accounts associated with your Apple account via Apple’s Family Sharing functionality.
  21. Term and Termination; Survival.
    • 21.1. The term of this Agreement commences when you install the App and will continue in effect until terminated by you or us as set forth in this Section.
    • 21.2. You may terminate this Agreement by deleting the App and all copies thereof from your device(s). Note that canceling a Paid Membership does NOT terminate this Agreement, as you will still have access to the App via a Free Membership. If you reinstall, re-download, or otherwise access the App after you have deleted it, this Agreement will commence again until it is terminated.
    • 21.3. We may terminate this Agreement at any time without notice and for any reason whatsoever, including without limitation if we cease to support the App, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    • 21.4. Upon termination of this Agreement:
      • 21.4.1. The License and all rights granted to you under this Agreement will terminate; and
      • 21.4.2. you must cease all use of the App and delete all copies of the App from your devices. If this Agreement is terminated under Section 19.3, you shall not re-install, re-download, or otherwise Access the App unless we agree otherwise in writing.
    • 21.5. Termination will not limit any of our rights or remedies at law or in equity.
    • 21.6. The following Sections of this Agreement shall survive termination of this Agreement: Intellectual Property; Reservation of Rights; Third-Party Materials, Service Providers, and Terms; No Refunds; No Professional Advice or Credit Repair; Credit Disclaimers; Disclaimer of Warranties; Limitation of Liability; Indemnification; Arbitration; Terms Specific to Use on Android Devices (if applicable); Terms Specific to Use on Apple Devices (if applicable); and General.
  22. General.
    • 21.1. Export Regulation. The App may not be exported or re-exported in violation of U.S. Foreign Corrupt Practices Act and its implementing regulations, the U.S. Export Administration Act and its implementing regulations, or any other applicable laws, rules and regulations. You may not use or otherwise export or re-export the App except as authorized by United States law. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list.
    • 21.2. Conflicting Terms. In the event of a conflict between this Agreement and any other notice, policy, disclaimer or other term contained in the App, this Agreement will control.
    • 21.3. Assignment. You may not assign, delegate or otherwise transfer this Agreement (including any of your rights or remedies) to anyone else without our prior written consent. We may assign or otherwise transfer the Agreement (including any of our rights or remedies) in whole or in part to an affiliate or any entity that succeeds to all or substantially all of the assets or business associated with the App. We may subcontract any of the services provided through the App in our sole discretion. Any assignment, delegation or other transfer in contravention of this Section is void.
    • 21.4. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, such provision shall be deemed omitted to the extent it is invalid, illegal, or unenforceable, and the remainder of this Agreement shall be construed in a manner so as to give the greatest effect to the original intention of the parties hereto.
    • 21.5. Governing Law. All matters relating to the App and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) and the Federal Arbitration Act.
    • 21.6. Force Majeure. Without limiting any other limitations of liability under this Agreement, ConsumerDirect® shall not be liable for any damages or failure to perform any of its obligations under the Agreement due to circumstances beyond its reasonable control.
    • 21.7. No Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these terms and conditions and any applicable purchase or other terms, the terms of these terms and conditions shall govern.
    • 21.8. Entire Agreement and Non-Reliance. This Agreement and the documents expressly referenced herein (including without limitation the Privacy Policy and the App Features Documentation) contains the entire understanding between the parties regarding its subject matter and supersedes all prior agreements, understandings, negotiations, proposals and other representations, verbal or written, in each case relating to such subject matter hereof. Each party acknowledges that in entering into this Agreement, neither of us have relied on any representations made by the other that are not expressed in the Agreement.
  23. General.
    • 22.1. Export Regulation. The App may not be exported or re-exported in violation of U.S. Foreign Corrupt Practices Act and its implementing regulations, the U.S. Export Administration Act and its implementing regulations, or any other applicable laws, rules and regulations. You may not use or otherwise export or re-export the App except as authorized by United States law. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list.
    • 22.2. Conflicting Terms. In the event of a conflict between this Agreement and any other notice, policy, disclaimer or other term contained in the App, this Agreement will control.
    • 22.3. Assignment. You may not assign, delegate or otherwise transfer this Agreement (including any of your rights or remedies) to anyone else without our prior written consent. We may assign or otherwise transfer the Agreement (including any of our rights or remedies) in whole or in part to an affiliate or any entity that succeeds to all or substantially all of the assets or business associated with the App. We may subcontract any of the services provided through the App in our sole discretion. Any assignment, delegation or other transfer in contravention of this Section is void.
    • 22.4. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, such provision shall be deemed omitted to the extent it is invalid, illegal, or unenforceable, and the remainder of this Agreement shall be construed in a manner so as to give the greatest effect to the original intention of the parties hereto.
    • 22.5. Governing Law. All matters relating to the App and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) and the Federal Arbitration Act.
    • 22.6. Force Majeure. Without limiting any other limitations of liability under this Agreement, ConsumerDirect® shall not be liable for any damages or failure to perform any of its obligations under the Agreement due to circumstances beyond its reasonable control.
    • 22.7. No Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these terms and conditions and any applicable purchase or other terms, the terms of these terms and conditions shall govern.
    • 22.8. Entire Agreement and Non-Reliance. This Agreement and the documents expressly referenced herein (including without limitation the Privacy Policy and the App Features Documentation) contains the entire understanding between the parties regarding its subject matter and supersedes all prior agreements, understandings, negotiations, proposals and other representations, verbal or written, in each case relating to such subject matter hereof. Each party acknowledges that in entering into this Agreement, neither of us have relied on any representations made by the other that are not expressed in the Agreement.