- All transactions through the Creditworthy Biz Inc. website (also known as “www.creditworthybiz.net”), including any other sites owned by Creditworthy Biz Inc., and your purchase or use of any products and/or services offered on the Creditworthy Biz Inc. website;
- Your access to and use of the Creditworthy Biz Inc. website (also known as the “Product Website” or the “Site.”);
- Access to content on the Product Website, including (but not limited to) images, calculators, videos, blog articles, and more. This will be referred to as “Content.”
Your order, use, and access to all Products, Product Websites, and Content are subject to these Terms and Conditions. Your choice to access, order, or use any of the above constitutes an implicit agreement to the Terms and Conditions. If you do not agree to the Conditions, do not order, access, or use any of the Product Website, Products, and/or Content. If you disagree with the terms and have already ordered a product, please cease using it, discard said product, and email us at firstname.lastname@example.org to cancel your order. Otherwise, you are legally bound by these Conditions.
Conditions are subject to change at any time. Please check back regularly to ensure that you still agree with them. Remember, each time you order a product, you’re signifying that you’ve read the Conditions and agreed with them.
Fair Use of Products
Since you are using, buying or accessing our Products, we expect you to accurately represent yourself by providing accurate, current information about you, your company, and any minors who you may be enrolling into the program. We expect you to offer accurate, current, and honest information whenever you get prompted to do so through our site, or through email with our representatives.
We really want you to be honest. If Creditworthy Biz Inc. has reason to believe that the information you provided was inaccurate, Creditworthy Biz Inc. reserves the right to terminate your ability to access, use, or purchase the Products, as well as your ability to use, access, or purchase Products in the future.
By enrolling in any of our programs, you’re signifying that you are at least eighteen (18) years of age. You are also agreeing that Creditworthy Biz Inc. will not be liable to you or any children you enroll under eighteen (18) if you have misrepresented yourself and have had your rights terminated.
By clicking our “Submit” button, users are representing that they agree to abide by our Agreement, and that they are eighteen (18) years or older.
Discontinuance of Products
Creditworthy Biz Inc. reserves the right to terminate or modify any of its Products, Content, or Product Websites without warning. This is done in our sole discretion. You are agreeing that we will not be liable to you, any children, or any 3rd party for any change or discontinuance of any of the Content, Products, or Product Websites.
Online Product Requirements
In order to receive your products, you will need an email address as well as a browser that uses Java. As a buyer of our Products, you’re also agreeing to receive all our email notifications at the email address on file at Creditworthy Biz Inc.. In the event that you have an email address change, you are required to update our files with the new address.
In some cases, we may ask you to “opt in” to receive notices, product alerts, and other similar communications from us. When it’s required, we ask that you give us consent so that we can give you all the communications you need. Even if you choose not to opt in, the Site and all of your Products, will still be available in full when you log in. Your products, unless cancelled, will continue whether or not you choose to receive emails. If we can’t reach you via email, you agree to let us contact you via text (SMS) messages or via direct mail. SMS messaging is strongly advised due to the fact that it’s instant. You can choose to have this method of communication by changing your Alert Settings on your Member Login page.
In the event that we cannot contact you due to a failure to complete email authentication, a failure to update your email, or a failure to provide consent, Creditworthy Biz Inc. will not be able to send emails to you. Nonetheless, we’re still going to give you the product fulfillment at the price we agreed upon when you ordered.
Online Activation Code
If you’re using an activation code received from a product, it’s a ONE TIME CODE. Reusing the activation code will result in immediate termination of your service or Product, without warning.
If you obtain a Product with an activation code improperly, we will charge you a fee for the improperly obtained Product as well.
Registering for a Product
To register for any product, you must have the following:
- A United States address
- An email address
- A social security number
- A date of birth
- Valid credit card information
- An acceptance to this Agreement
You may also be required to have a phone number in certain cases. For certain products, we may reserve the right to refuse certain forms of payment. Taxes and fees may apply, depending on where you live.
No Warranty By Creditworthy Biz Inc.
You expressly agree and understand that the use of the Products, Product Websites, and Content is at YOUR OWN RISK. All the Products that we offer are provided on an “AS IS” or “AS AVAILABLE” basis. Creditworthy Biz Inc. and its 3rd party providers disclaim any and all guarantees, warranties, and conditions – whether expressed and/or implied. These include and are not limited to the implied warranties of merchantability as well as fitness for a particular purpose.
The information found in our Content and on our Site is not legal, accounting, tax, or other professional advice. Aside from what you see in the Agreement, Creditworthy Biz Inc. makes absolutely no warranties that: (1) our Products and Content are timely, accurate, and error free; or (2) any results from the Program or Content use will be reliable.
Our industry is very fluid, and while we do try to maintain our site and keep our content timely and accurate, we cannot provide a warranty to its accuracy, timeliness, or its lack of errors.
Dispute Resolution By Binding Arbitration
Most issues can be resolved by emailing us to email@example.com. In the rare and unlikely case that we cannot resolve disputes through this manner, you’re agreeing to deal with the issue via binding arbitration or small claims court, rather than going through the general court system.
Arbitration is less formal and less costly than a lawsuit, and uses a neutral 3rd party instead of a judge and jury. This allows for more limited discovery than in court, and is subject to less review by courts. In a binding arbitration, arbitrators can award the same damages that one would get in a court case. All arbitrations are done on an individual, case-by-case basis. Class arbitrations aren’t allowed.
Creditworthy Biz Inc. will pay all arbitration costs, regardless of who wins, as long as the issue that you raise isn’t frivolous. However, both you and Creditworthy Biz Inc. may be entitled to recover legal fees from arbitration.
Arbitration Agreement In Summary
Creditworthy Biz Inc. and you agree to settle all disputes and claims via arbitration, except for any disputes that are not subject to arbitration under governing law.
This includes claims arising due to any relationship Creditworthy Biz Inc. may have with you, claims associated with class action lawsuits that you are not a part of, and claims that arise after termination of agreement.
For the purposes of arbitration, references to “you,” “us,” and “Creditworthy Biz Inc.” will include (but won’t be limited to) employees, parent entities, subsidiaries, as well as all authorized or unauthorized beneficiaries of services, products, or agreements under this or other prior agreements between us.
Either party can bring claims to individual action in small claims court.
By entering into an agreement with Creditworthy Biz Inc., you are hereby waiving your ability to get a trial by jury, as well as your ability to join in a class action suit.
This Agreement is a transaction in interstate commerce, which means that the Federal Arbitration Act governs the enforcement and interpretation of this Agreement.
You and Creditworthy Biz Inc. BOTH agree that each may bring claims against the other by you or your individual capacity – not as a plaintiff or member in any purported representative or class hearing.
You are also agreeing that the arbitrator can’t consolidate multiple peoples’ claims, nor can they preside over a class hearing.
The arbitrator can only provide relief warranted by each individual’s unique claim.
If this part of the arbitration agreement is deemed void by the arbitrator, then it will be treated as null and void during the arbitration procedure.
The Arbitration Process In Detail
Any party that wants to seek arbitration has to begin the process by sending a written Notice of Dispute (“Notice”) by Certified Mail.
The Notice needs to be addressed to Legal & Compliance, Creditworthy Biz Inc., 1701 Avenue P, Brooklyn, New York 11229 (“Notice Address”).
The Notice will need to discuss the nature of the dispute, and tell us what relief you are looking for from Creditworthy Biz Inc. (“Demand”).
If Creditworthy Biz Inc. and you cannot reach an agreement within 30 days of the letter’s receipt, you agree to an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or Creditworthy Biz Inc. will not be disclosed to the arbitrator. The arbitrator will only be told after they decide the amount that you or Creditworthy Biz Inc. is entitled to – if any.
You can get more information on the arbitration process from www.adr.org.
After Creditworthy Biz Inc. is informed through Notice that arbitration has been commenced, we will promptly reimburse you the filing fee. The current filing fee is $125 for claims under $10,000. This may be subject to change.
If you are unable to pay this fee, Creditworthy Biz Inc. will pay it directly.
All arbitrations will be handled by the American Arbitration Association’s (“AAA”) Commercial Dispute Resolution Procedures. This may be supplemented by aid from the AAA’s Supplementary Procedures for Consumer Related Disputes.
Rules for arbitration are found on www.adr.org
You may also contact them at (561) 320-1779
Discovery of non-privileged information to the current dispute will also be governed by AAA rules.
All issues are for the arbitrator to decide, and this includes the scope and enforceability of this arbitration provision, as well as the Agreement’s Terms and Conditions. The arbitrator has exclusive authority to enforce any dispute relating to the scope and enforceability.
This includes, but not limited to, whether or not any or all of this Agreement is void or voidable.
The arbitrator shall be bound by the terms of this Agreement as well.
The arbitrator is allowed to make rulings and resolutions to solve disputes involving the payment and reimbursement of fees and expenses during any time of the arbitration. This includes the time of the final ruling.
Rulings and resolutions regarding payments and reimbursements are pursuant to any and all applicable laws and AAA Rules.
Unless you and Creditworthy Biz Inc. agree otherwise, the arbitration will take place in the county of your billing address.
If your claim is less than $10,000, we agree that you can choose whether the arbitration will be done solely through documents, through a telephone hearing, or via an in-person hearing in accordance with AAA Rules.
If your claim is more than $10,000, then your right to a hearing will be provided by the AAA Rules.
Notwithstanding any other items in this Agreement to the contrary, you and Creditworthy Biz Inc. are agreeing that if Creditworthy Biz Inc. changes its terms and conditions during the time that you have purchased Products, you can reject the change and require Creditworthy Biz Inc. to agree to the original provision(s) if a dispute arises dealing with the purchased Products.
Creditworthy Biz Inc. will pay all arbitration fees unless this case has been deemed frivolous or inappropriate. Should a frivolous or inappropriate case be determined, all fee payments will be governed by the AAA Rules. In this case, you agree to reimburse Creditworthy Biz Inc. for any fees they may have paid that have been deemed your responsibility by AAA Rules.
Last Revised: March 11, 2016