Consumers Unlimited: Education & Repair
Terms and Conditions for Consumers Unlimited
This Website Terms of Use Agreement (“Website Terms”) is between you and Consumers Unlimited, Inc. (hereinafter “Consumers Unlimited”), its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (“Consumers Unlimited,” “we,” or “us”), with a principal place of business at 3125 University Dr., Suite B1, Huntsville, AL 35816.
Acceptance of Terms
Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content (the “Website”), your engagement of Consumers Unlimited’s services, your request that Consumers Unlimited contact you about its credit fairness services, and/or your participation in Consumers Unlimited’s Text Message Program. Consumers Unlimited’s “Text Message Program” includes sending text message(s) to Consumers Unlimited and/or receiving text message(s) from Consumers Unlimited. Message and Data Rates may apply. You can STOP messaging by sending STOP and get more help by sending HELP.
BY USING THE WEBSITE, ENGAGING CONSUMERS UNLIMITED’S SERVICES, REQUESTING THAT CONSUMERS UNLIMITED CONTACT YOU ABOUT ITS CREDIT FAIRNESS SERVICES, AND/OR PARTICIPATING IN CONSUMERS UNLIMITED’S TEXT MESSAGE PROGRAM, YOU SIGNIFY YOUR AGREEMENT TO THE WEBSITE TERMS.
Consumers Unlimited’s Privacy Policy applies to your use of Consumers Unlimited’s website, all services provided by us, your request that Consumers Unlimited contact you about its credit fairness services, and/or your participation in Consumers Unlimited’s Text Message Program, and its terms are made a part of the Website Terms. To view Consumers Unlimited’s Privacy Policy, please click the link. By using Consumers Unlimited’s website, engaging our services, requesting that Consumers Unlimited contact you about its credit fairness services, and/or participating in Consumers Unlimited’s Text Message Program, you acknowledge you have reviewed Consumers Unlimited’s privacy policy and agree to its terms. You can view Consumers Unlimited’s Privacy Policy at https://consumersunlimited.com/privacy-policy.
Arbitration Agreement
BY USING CONSUMERS UNLIMITED’S WEBSITE, ENGAGING CONSUMERS UNLIMITED’S SERVICES, REQUESTING THAT CONSUMERS UNLIMITED CONTACT YOU ABOUT ITS CREDIT FAIRNESS SERVICES, AND/OR PARTICIPATING IN CONSUMERS UNLIMITED’S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND CONSUMERS UNLIMITED ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS.
A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND CONSUMERS UNLIMITED, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS.
THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT, AND PROSPECTIVE INTERACTIONS WITH CONSUMERS UNLIMITED. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO (A) A TRIAL BY JURY, (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, AND (C) BRING AN ACTION AGAINST CONSUMERS UNLIMITED IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST CONSUMERS UNLIMITED IN ANY JURISDICTION IN THE UNITED STATES. CONSUMERS UNLIMITED WILL REIMBURSE YOU UP TO $350 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms).
The arbitrator shall have the authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involve commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Alabama, as provided below.
The Website is a service made available by Consumers Unlimited. If you do not agree to the Website Terms, you may not use the Website. We may modify the Website Terms at any time. If you do not agree to the changes, you must discontinue using the Website, discontinue using Consumers Unlimited’s services, rescind your request that Consumers Unlimited contact you about its credit fairness services, and/or discontinue your participation in Consumers Unlimited’s Text Message Program before the changes take effect. Your continued use of the Website, use of Consumers Unlimited’s services, request that Consumers Unlimited contact you about its credit fairness services, and/or participation in Consumers Unlimited’s Text Message Program after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Website, continue using Consumers Unlimited’s services, continue your request that Consumers Unlimited contact you about its credit fairness services, and/or participate in Consumers Unlimited’s Text Message Program, you reaffirm your acceptance of the Website Terms. You are responsible for regularly reviewing the Website Terms by clicking on the “Terms & Conditions” link at www.consumersunlimited.com. The Website Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to where particular content or transactions are posted in particular areas of the Website and, together with the Website Terms, govern your use of those areas, content, or transactions.
The Website provides users with information about Consumers Unlimited’s credit fairness services, general educational and informational resources about credit, and the ability to sign up for and engage Consumers Unlimited’s services.
You are not required to sign up for Consumers Unlimited’s services in order to visit and read material on the Website; however, you will need to sign up if you want to access membership privileges or use any of the services provided. If you do so, you agree to provide accurate and complete information. You must be legally capable of entering into contracts. It is your responsibility to make any updates to that information. Each sign-up is for a single person only. We do not permit any other person to enroll in Consumers Unlimited’s services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Consumers Unlimited immediately by emailing support@consumersunlimited.com.
Membership Agreement for Payment of Fees/Default
Refunds
You understand that Consumers Unlimited will give you a refund only if Membership privileges weren’t accessed or services were not actually performed by Consumers Unlimited. Any other refunds will be at the sole discretion of Consumers Unlimited.
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation, and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Consumers Unlimited or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Consumers Unlimited retains all rights (including intellectual property rights), title, and interest in the Website, technology, and all underlying technology and data, including any enhancements, software, applications, and improvements related to the Website (the “Technology”) (the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
Consumers Unlimited provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual inquiries or engaging in transactions with Consumers Unlimited. Any other use of the Website or the Materials is strictly prohibited, including without limitation any resale, transfer, modification, distribution, display, or performance of the Website or the Materials. Consumers Unlimited and/or the respective owners of Materials retain and reserve all rights not expressly granted hereunder.
Consumers Unlimited cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
THE WEBSITE AND MATERIALS ARE PROVIDED BY CONSUMERS UNLIMITED ON AN “AS IS” BASIS, AND THE USE OF THE WEBSITE AND MATERIALS IS AT YOUR OWN RISK. CONSUMERS UNLIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE OR THE RESULTS THAT YOU MAY OBTAIN BY USING THE WEBSITE OR MATERIALS. CONSUMERS UNLIMITED MAKES NO WARRANTY THAT (I) THE WEBSITE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MATERIALS WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR MATERIALS WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE OR MATERIALS WILL BE CORRECTED.
IN NO EVENT SHALL CONSUMERS UNLIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF OR INABILITY TO USE THE WEBSITE OR MATERIALS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSUMERS UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Consumers Unlimited, its affiliates, and its respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Website Terms or any activity related to your use of the Website (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Website or using your account.
These Website Terms are for the benefit of Consumers Unlimited and its officers, directors, employees, agents, licensors, and third-party providers to the Website. Each of these individuals or entities shall have the right to assert and enforce these Website Terms directly against you on its or their own behalf.
Consumers Unlimited reserves the right to investigate complaints or reported violations of the Website Terms and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.
Consumers Unlimited reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to the Website and any other Consumers Unlimited websites and their features.
The Website Terms are governed by and construed in accordance with the laws of the State of Alabama, and any action arising out of or relating to these terms shall be filed only in accordance with the aforementioned Arbitration Agreement in Alabama, and you hereby consent and submit to the personal jurisdiction for the purpose of litigating any such claim.
Your use of the Website is subject to Consumers Unlimited’s Privacy Policy, which is available at www.consumersunlimited.com/privacy.
If any provision of the Website Terms is unlawful, void, or unenforceable, the remaining provisions of the Website Terms will remain in place.
Consumers Unlimited may revise the Website Terms at any time by updating this posting. By using the Website, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then-current Website Terms to which you are bound.