Merit Consumer Services is an informational program that provides you with personal financial services that are free, including (a) a free credit report, credit score and related analysis of information in connection related to your credit report or debts and recommendations we may make to you, (b) free use of our debt negotiation systems, products and tools, (c) free use of our career services systems, products and tools, (d) free use of social service systems, products or tools, and (e) free use of other financial informational and educational materials, systems, products and tools. Additionally, we may provide you the option to purchase valuable products and services.
PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THE MERIT CONSUMER SERVICES WEB SITE OR ANY OTHER WEB SITE OPERATED BY US (COLLECTIVELY, THE “SITES”) OR ANY OF OUR MOBILE APPLICATIONS, OR OBTAINING AND/OR USING ANY OF OUR SERVICES.
PLEASE CAREFULLY REVIEW THE SPECIFIC PROVISIONS AND DISCLOSURES WITHIN THESE TERMS OF SERVICE BEFORE ENROLLING IN THE DEBT SETTLEMENT ASSISTANCE SERVICE OFFERED BY MERIT CONSUMER SERVICES.
BY ACCESSING, BROWSING, OR USING THE SITES OR OUR MOBILE APPLICATIONS OR OUR SERVICES IN ANY WAY YOU AGREE TO ALL OF THESE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, PLEASE EXIT THE SITES, OUR MOBILE APPLICATION OR OTHER SERVICES IMMEDIATELY AND DO NOT USE THEM IN ANY WAY.
Merit Consumer Services is a service of Merit Consumer Services, Inc., an Oklahoma corporation. The following are terms of a legal agreement (the “Agreement”) between you and Merit Consumer Services, Inc. (“Samaritan”, “Merit Consumer Services”, “we”, or “us”), that sets forth the terms and conditions for your access to and use of our web and mobile services, including web and mobile Internet sites and mobile applications, including without limitation Internet Web site located at www.FinancialSamaritan.com and any other web sites operated by us (collectively, the “Sites”) (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and our Merit Consumer Services mobile application(s) (the “Mobile Application”), which are owned and operated by Merit Consumer Services, and your obtaining from us a free credit report, related analysis of information in connection related to your credit report or debts, related analysis of information and recommendations we may make to you, use of debt negotiation systems, products or tools, use of career services systems, products or tools, use of social service systems, products or tools, using any informational or educational materials, systems, products or tools available on our sites including the entry of any personal information or uploading any document, and/or offers of products and services from our Partners (such services, the Sites and the Mobile Application shall collectively be referenced as the “Services”).
This Agreement also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact with the Services and post this Agreement. This Agreement governs your use of the Services. By accessing, browsing, and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form the essential basis of our relationship with you. You should print or save a copy of this Agreement for your records.
The Services contain materials including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services (collectively, the “Content”). The Services also provide functions and services for which you can register – such as to receive your credit report for free, related analysis of information in connection with your credit report or debts, access of debt negotiation systems, products or tools, access of career services systems, products or tools, access of social service systems, products or tools, access of any informational or educational materials, systems, products or tools available on our sites including the entry of any personal information or uploading any document, and, if you so choose, to participate in our other offerings for products, services or referrals to marketing partners program (collectively, the “Product”).
We reserve the right to amend this Agreement from time to time and will notify you of any such changes by posting the revised Agreement on the Sites or on our Mobile Application. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of any of our Services after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability.
In some instances, both this Agreement and separate governing documents setting forth additional conditions may apply to a particular service or product offered via the Services (“Additional Terms”). The Additional Terms are incorporated by reference into this Agreement. To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Through the Services, you may register to receive a free credit report, related analysis of information or recommendations in connection with the free credit report or to use the debt negotiation systems, products or tools, or to use the career services systems, products or tools, or to use the social service systems, products or tools, or to use any of the informational or educational materials, systems, products or tools available on our sites, or to obtain valuable offers for products and services from time to time from our partners (collectively, the “Partners”). The decision to provide information to us is purely optional; however, if you elect not to provide such information, you may not be able to access certain features or functions of the Services.
Only users eighteen (18) years of age or older with valid United States Social Security Numbers may register to receive a free credit report, and to participate in Merit Consumer Services’s products and services offer program. By registering for an account, you certify that you are eighteen (18) years of age or older. When you provide information to the Services, you agree to provide only true, accurate, current and complete information about yourself, your family and your accounts and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate. You agree not to register for more than one account or create an account on behalf of someone else.
If you register on the Services and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, and you agree that you will not sell, transfer or assign your account or any account rights. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer, mobile device, or other Internet access device so that others may not access the password-protected portion of the Services using your name in whole or in part. If you become aware of any unauthorized use of your account, you agree to notify Merit Consumer Services immediately at the email address Legal@MeritConsumerServices.com.
We reserve the right to terminate your account or otherwise deny you access to the Services in our sole discretion, without notice and without liability. If any information you provide is untrue, inaccurate or not current, or if Merit Consumer Services has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Merit Consumer Services, in its sole discretion, has the right to suspend or terminate your use of any Product and refuse all current or future access to the Content and use of the Products or suspend or terminate any portion thereof. Further, you agree that Merit Consumer Services will not be liable to you or any third party if Merit Consumer Services suspends or terminates your access to the Content or any Products for any reason. Merit Consumer Services (and not any of its service providers) owns your account information.
At the time that you submit your registration form to us to register for the Services and to obtain a free credit report and related analysis of information in connection your free credit report or information you provide to us about your debt obligations, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement):
I understand that by submitting this registration form I am requesting a copy of my consumer credit report; such submission shall therefore constitute “written instructions” in accordance with the Fair Credit Reporting Act for Merit Consumer Services to obtain a copy of my consumer credit report and score (if available) from a credit reporting agency, at any time Merit Consumer Services requests until this Agreement is terminated and/or I terminate my account with Merit Consumer Services’s Services. I further authorize the credit reporting agency selected by Merit Consumer Services to provide a copy of my consumer credit report and score to Merit Consumer Services at 14002 E. 21st Street, Suite 420, Tulsa, OK 74134, at any time Merit Consumer Services requests until this Agreement is terminated and/or I terminate my account with Merit Consumer Services’s Services.
I further understand that by submitting this registration form I am authorizing Merit Consumer Services, once it has obtained my credit report(s) and/or score(s) for me at any time, to retain a copy of such credit report(s) and/or score(s) in its records along with the other information I am submitting through this registration form and other information that I may provide from time to time in order to use the Services (collectively, the “Registration Profile”), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail, text message (based upon my communication preferences) or through the display of advertisements or by other means including but not limited to postal services and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other users’ Registration Profiles. I understand that Merit Consumer Services will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive.
a. What We Do
The Debt Settlement Assistance Services provided by Merit Consumer Services are designed to allow clients to negotiate debt settlement plans and debt payment plans with their creditors but without the necessity of direct contact between the customer and the creditor. Merit Consumer Services may make recommendations to a customer for the amount of specific settlement offers based upon an analysis of the customer’s unique situation regarding income, financial obligations, health and family. Merit Consumer Services cannot make decisions for a customer and the customer always has the final decision in every regard. Merit Consumer Services will never have control of or access to the customer’s funds.
Merit Consumer Services will work with the customer to create a plan for presenting offers to creditors that reflects the consumer’s financial capabilities. Settlement offers to creditors are handled on a case by case basis. In some instances creditors will be notified immediately of your settlement offer. In other instances it may be 90 days or more before they are contacted depending on your ability to fund settlements. The time needed to produce a settlement depends on several factors. These may include: (a) the age and balance of the accounts that you owe your creditors and (b) the funds you have available to pay for a settlement.
b. Your Responsibilities
The Merit Consumer Services analytic process requires accurate information about each customer’s unique situation in order to develop recommendations for settlement offers. We expect frequent changes in the information and even small changes can affect recommendations. Merit Consumer Services relies on each customer to update changes to the customer’s information and to enter new information into the Merit Consumer Services website promptly. Each client should check for messages often because settlement responses from creditors may have short deadlines.
c. There Are No Fees
Merit Consumer Services does not charge any fee for Debt Settlement Assistance Services or for obtaining a client’s credit report. Merit Consumer Services does not require any voluntary contribution from the client at any time.
d. We Cannot Guarantee Specific Results
No specific results can be guaranteed from participation in the program. Most creditors and collectors will negotiate through the Merit Consumer Services service, but Merit Consumer Services cannot force a creditor to negotiate and cannot force a creditor to agree to a settlement or payment plan. The actual amount of any debt reduction and the actual length of time that will be needed to negotiate a specific settlement are unpredictable.
e. Your Creditors May Continue Collection Efforts
Merit Consumer Services cannot force any creditor to stop working to collect money owed to them. Your creditors may legally continue collection efforts on delinquent accounts while you are enrolled in the Debt Settlement Assistance Services. Such collection efforts can include phone calls and letters to you, charging off the account, sending accounts to collection agencies or attorneys, lawsuits and even garnishment of your wages if a judgment has been obtained. It is possible for this to occur even if Merit Consumer Services makes its best efforts to negotiate your debt within a minimum amount of unpleasantness.
f. Debt Settlement May Not Be Suitable For Your Situation
Debt settlement programs are not suitable for all individuals. There are other ways to deal with creditors and indebtedness; such as credit counseling, debt management services or filing bankruptcy.
g. Your Credit Score May Decline
If you do not make required minimum payments to your creditor you may be breaking the terms of your agreement with them and your actions will probably be reported to consumer reporting agencies as late, delinquent, charged-off or past due balances. This is true anytime you fail to make your minimum payments in a timely manner. After settlement your creditor may comment that the account was “settled for less than the full amount” on your credit report. Depending on the condition of your credit report at the time of enrollment, debt settlement may have an adverse effect on your credit report and credit score.
h. Failure to Make Timely Payments to Creditors Can Have Negative Consequences
If you do not make your minimum payments your creditor may raise the interest rate on your account. Your account balance will continue to grow as your creditor adds accrued interest, late fees, over-limit fees and penalties. Your balance will continue to grow until a settlement is reached with your creditor; and, if negotiations are unsuccessful, you could be called upon to pay the entire balance.
i. Debt Settlement May Affect Your Taxes
Merit Consumer Services assumes that you enrolled in its Debt Settlement Assistance Services because you are insolvent, having financial difficulties with your unsecured debts, and have used the Debt Settlement Assistance Service to avoid filing bankruptcy.
If your creditor settles your debt for more than $600 less than what you owed, the savings may be reported by your creditor to the IRS as Discharge of Indebtedness income. The IRS website www.ustreas.irs.gov says that you may be able to exclude Discharge of Indebtedness income if you are insolvent. For more information on tax ramifications to you personally please consult a tax preparer, CPA or Tax Attorney or refer to IRS Publication 908 – “Bankruptcy Tax Guide” and IRS Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness available on the IRS website.
j. We Are Not Legal Advisors
Merit Consumer Services does not provide legal advice or representation. Consult an attorney for legal advice and representation, including for information about whether bankruptcy is appropriate for your situation.
k. Termination of the Agreement
You may cancel this agreement at any time and without obligation merely by giving notice to Merit Consumer Services. Your failure to respond to messages or to access the Merit Consumer Services website will be taken to mean that you no longer desire the services of Merit Consumer Services and have terminated the agreement. Merit Consumer Services may likewise cancel this agreement at any time by providing notice via electronic mail to the consumer’s registered email address.
l. Summary
A Debt Settlement Plan may be an effective way to resolve your debts, but there may be negative consequences and individual results may vary. As with any type of debt repayment plan, failure to complete the debt settlement plan is likely to have negative consequences on your financial situation.
m. Acknowledgement and Agreement
By accepting these Terms of Use, you acknowledge these disclosures and agree to the terms of the Debt Settlement Services Agreement.
This E-Sign Disclosure and Consent Notice (“Notice”) applies to all communications, as defined below, for services provided by Merit Consumer Services through the Merit Consumer Services Services. Under this Notice, communications you receive in electronic form from us will be considered “in writing.”
By using Merit Consumer Services’s Services you hereby consent to this Notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept the terms of these services. If you choose not to consent to this Notice or you withdraw your consent, you will be restricted from using Electronic Services.
COVERED COMMUNICATIONS
May include, but are not limited to, disclosures and communications we provide to you regarding our services such as: (i) terms and conditions, privacy statement or notices and any changes thereto; and (ii) customer service communications (such as communications to and from your creditors through the service) (“Communications”).
METHODS OF PROVIDING COMMUNICATIONS
We may provide Communications to you by email or by making them accessible on the Merit Consumer Services websites, mobile applications, or mobile websites (including via “hyperlinks” provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files.
HARDWARE AND SOFTWARE REQUIREMENTS
To access and retain electronic Communications, you must have:
We may request that you respond to an email to demonstrate you are able to receive these Communications.
HOW TO WITHDRAW YOUR CONSENT
You may withdraw your consent to receive Communications under this Notice by writing to us at “Merit Consumer Services, Inc., Attn: E-Sign Disclosure and Consent Notice, 14002 E. 21st Street, Suite 420, Tulsa, OK 74134,” or by sending us an email message to Notice@MeritConsumerServices.com. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Electronic Services.
REQUESTING PAPER COPIES OF ELECTRONIC COMMUNICATIONS
You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by writing to “Merit Consumer Services, Inc., Attn: E-Sign Disclosure and Consent Notice, 14002 E. 21st Street, Suite 420, Tulsa, OK 74134.” Please provide your current mailing address so we can process this request. Merit Consumer Services may charge you a reasonable fee for this service.
UPDATING YOUR CONTACT INFORMATION
It is your responsibility to keep your primary email address current so that Merit Consumer Services can communicate with you electronically. You understand and agree that if Merit Consumer Services sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Merit Consumer Services will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Online Services until we receive a valid, working primary email address from you.
If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add Merit Consumer Services to your email address book so that you can receive Communications by e-mail.
You can update your primary email address or other information by writing to us at “Merit Consumer Services, Inc., Attn: E-Sign Disclosure and Consent Notice, 14002 E. 21st Street, Suite 420, Tulsa, OK 74134.”
FEDERAL LAW
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
TERMINATION/CHANGES
We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.
We will not share your credit report and/or score or information you provide us about your debts with our Partners. However, we will match offers from Partners against your Registration Profile (as herein defined), which would include your credit report and/or score along with other information you provide to us and other targeting criteria, in order to ensure that you receive offers that are tailored to you.
An integral element of our business objectives is to work to help consumers overcome financial hardship and achieve financial recovery so that their family can be more stable and enjoy the rewards of those efforts, including by receiving discounted and favorable pricing and rates on the products and services that they enjoy. While we do not guarantee that the offers that you receive from our Partners will meet that goal, or that they will necessarily be the best offers available to you, we do represent and warrant to you that providing you with valuable offers for products and services from our Partners is one of the core drivers of our business.
Our technology for matching your Registration Profile and the other information you provide to the offers for products and services provided by our Partners is proprietary and, in carrying out such matching, we may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in our sole discretion. We do not guarantee that you will receive offers for any particular types of products or services.
Any offer for sale or purchase of any product or service by a partner is subject to the terms of sale provisions of the partner offering the particular product or service (including any shopping cart for the particular product or service). We are not responsible for any such transactions or products or services unless we are the vendor, in which case the terms of purchase we have posted for that particular product or service shall apply.
We may use information about your credit report and history and other information you provide to use in order to provide estimates of discounts on your debt balances or for other purposes. We may provide you figures and calculations of possible discounts and/or savings estimates; however, we provide such calculations for illustration purposes only. Such estimated figures are provided based upon our calculations and data only, and are neither endorsed nor commissioned by any of our counter-parties, Partners or third-party advertisers. We do not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness or usefulness of any such estimated calculations, and we disclaim liability for errors or omissions in any such estimated calculations.
In addition to the free credit report you will receive from Merit Consumer Services if you register for our Services, you are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them directly at www.experian.com, www.equifax.com and www.transunion.com.
NEITHER MERIT CONSUMER SERVICES NOR THE PROGRAM IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. MERIT CONSUMER SERVICES IS NOT A FINANCIAL PLANNER, BROKER, TAX ADVISOR OR CREDIT COUNSELOR.
The Program is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Program may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You agree to use the Services, the Content, and the Products only for lawful purposes. You are prohibited from any use of the Services, the Content, and/or the Products that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to, unauthorized entry into Merit Consumer Services’s systems, misuse of passwords, or misuse of any information posted on or available through the Services is strictly prohibited. Your eligibility for particular Products or services is subject to final determination by Merit Consumer Services.
You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The Services may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
Name: Merit Consumer Services, Inc., Attn: Legal Department
Mailing Address: P.O. Box 690417, Tulsa, OK, 74169-0417
Phone number: 833-558-8598
Fax number: 833-277-4216
Email address: Legal@MeritConsumerServices.com
The information provided by the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Merit Consumer Services to any registration requirement within such jurisdiction or country. Merit Consumer Services controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services provided through the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any Content, program, Products, service or other feature described or available through the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Access to and use of password protected and/or secure areas of the Services are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or score/disclosure under false pretenses may face criminal prosecution.
There may be links within the Services, or communications you receive through the Services, to third party sites or applications or our Services may include third party content that we do not control, maintain or endorse. We do not control those third party sites or applications or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications. Your correspondence and business dealings with others found on or through the Services, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such business dealings, are solely between you and the third party. Merit Consumer Services recommends that you review all policies, rules, terms and regulations, including the privacy policy and terms of use of each third party site or application that you visit or use. MERIT CONSUMER SERVICES DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.
Any items that we make available for download or use from the Services and/or our servers (the “Downloadable Items”) are the copyrighted work of Merit Consumer Services or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Services, you consent to the download of software to your computer or mobile device and accept these Terms and any Additional Terms related to such application.
As part of the Services, Merit Consumer Services may allow Registered Users to post content on bulletin boards, blogs and at various other publicly available locations on Merit Consumer Services. You are responsible for all contact you submit to Merit Consumer Services. By submitting content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Merit Consumer Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also grant each User a non-exclusive license to access your posted content through Merit Consumer Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Merit Consumer Services and under this Agreement.
You may not post any message which is libelous or defamatory, or which discloses private or personal matters about any person. You may not post or transmit any data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive. You may not encourage conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Merit Consumer Services, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Merit Consumer Services infrastructure or that negatively affects the availability of Merit Consumer Services to others. Except where expressly permitted, you may not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas that are specifically designated for such purpose.
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools or program, algorithm or methodology to access, acquire, copy or monitor Merit Consumer Services or any portion of Merit Consumer Services without Merit Consumer Services’s express written consent, which may be withheld in Merit Consumer Services’s sole discretion. You agree that you will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Merit Consumer Services, other than generally available third-party web browsers. You agree that you will not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Merit Consumer Services. You agree not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Merit Consumer Services.
None of Merit Consumer Services, any of its affiliates, agents, and service providers, and each of their respective officers, directors, members, shareholders, employees, agents, vendors, independent contractors or licensors (collectively the “MERIT CONSUMER SERVICES PARTIES”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and the MERIT CONSUMER SERVICES PARTIES disclaim liability for errors or omissions in the content, the products or the services. With respect to the Products (including, without limitation, free credit scores, free job search assistance, free debt negotiation assistance, free social services assistance, free financial literacy tools and applications, valuable offers for products and services from our partners, and estimated calculations of savings that might result from debt negotiation or transferring your credit card balance to another credit card or lender), you hereby acknowledge your understanding that Merit Consumer Services is solely an intermediary between you and the national reporting agency actually furnishing the credit scores (in the case of free credit scores), between you and a prospective employer (in the case of job search assistance), between you and your lender (in the case of debt negotiation services), between you and a public or private social service agency (in the case of social service assistance, and between you and our partners (in the case of offers for products and services), and that Merit Consumer Services’s calculations of possible savings or benefits is merely an estimate; therefore, the MERIT CONSUMER SERVICES PARTIES hereby expressly disclaim any liability for the inaccuracy or incompleteness of any information provided or for the content, availability, or legality of any of the offers made by the partners, or of its estimated calculations of savings or benefit or any transaction or business.
The Services and all of the Content and Products are provided “as is” and “as available” and “with all faults” basis. To the fullest extent permissible by law, the MERIT CONSUMER SERVICES PARTIES make no representations, warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the sites, the mobile application(s) and any other Services, (b) the Content, (c) the Products, (d) the downloadable items, (e) user content, (f) security associated with the transmission of information transmitted to or from Merit Consumer Services or via the Services. The MERIT CONSUMER SERVICES PARTIES further make no representations, warranties or endorsements that (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure or error-free; (iii) the quality of any of the Content, the Products or the Services, information or other material obtained by you through the services will meet your expectations; or (iv) any errors in technology will be corrected. In addition, the MERIT CONSUMER SERVICES PARTIES hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quite enjoyment, system integration and freedom from computer virus. Additionally, there are no warranties as to the results of your use of the services, the content or the products. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Any material downloaded or otherwise obtained through use of the Services is done at your own discretion and risk and you are solely responsible for all damages to your computer system or mobile devices or loss of data that results from the download of such material. No advice or information, whether oral or written, obtained by you from the MERIT CONSUMER SERVICES PARTIES will create any warranty not expressly stated in these terms.
Merit Consumer Services may discontinue or make changes in the Services, the Content, and/or the Products at any time without prior notice to you and without any liability to you or any third party. Any dated information is published as of its date only, and the MERIT CONSUMER SERVICES PARTIES do not undertake any obligation or responsibility to update or amend and such information. Merit Consumer Services reserves the right to terminate any or all services offerings or transmissions without prior notice to you. The Services could contain technical inaccuracies or typographical errors. Use of the Services is at your own risk.
Under no circumstances will the MERIT CONSUMER SERVICES PARTIES be liable for any loss or damages including, without limitation, general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, loss of profits, loss of goodwill, loss of use, loss of data, business interruption, or other intangible losses) of any kind whether in an action in contract or negligence, even if the MERIT CONSUMER SERVICES PARTIES, or representatives thereof, are or were advised of the possibility of such damages, losses or expenses, arising or relating in any way to: (a) the use or inability to use by any party of the Services, the content, the products, or any third-party site to which the Services is linked; (b) in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; (c) the cost of getting substitute goods or services; (d) any products, data, information or Services purchased or obtained or messages received or transactions entered into, through or from the Services; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of anyone on the Services; (g) the use, inability to use, unauthorized use, performance or non-performance of any third party provider site, even if the provider has been advised of the possibility of such damages; or (h) any other matter relating to the Services. The MERIT CONSUMER SERVICES PARTIES are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with the Services, the content, and/or the products is to stop using the Services and to notify us that you no longer desire to receive the Products. If your use of the Services, the Content, and/or the Products results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
In no event will the MERIT CONSUMER SERVICES PARTIES’ total liability to you for all damages, losses or causes of action of any kind or nature whatsoever exceed Ten United States Dollars ($10.00 USD).
If any of the foregoing limitations are found to be invalid, you agree that the MERIT CONSUMER SERVICES PARTIES’ total liability for all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to the greatest extent permitted by applicable law.
Your access to and use of the Services is at your risk. If you are dissatisfied with the Services or any of the Content or the Product, your sole and exclusive remedy is to discontinue accessing and using the Services.
WAIVER OF UNKNOWN CLAIMS. By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you understand, and hereby expressly waive, the benefits of law of any state which provides that a general release does not extend to claims which the Creditor does not know of or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the Debtor.”
Merit Consumer Services has no obligation to monitor the Services; however, you acknowledge and agree that Merit Consumer Services has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services, or to protect itself or other users of the Services.
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, so we do not guarantee or warrant that we will be able to provide any such Products to you, even if you submit a registration form to us for such Products. Merit Consumer Services may use your personal information to the extent necessary to process your order and carry out the transactions that you enter into with us.
This Agreement shall be subject to and construed under the laws of the State of Oklahoma, without reference to the conflicts of law provisions thereof.
You understand and agree that all claims, disagreements, disputes or controversies between you and Merit Consumer Services, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. Because the Services provided to you by Merit Consumer Services concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in Tulsa, Oklahoma. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA’s Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against Merit Consumer Services in connection with or related to the Services will be resolved individually, without resort to any form of class action.
This Agreement is effective until terminated by either you or Merit Consumer Services as set out below.
If you want to terminate your legal Agreement with Merit Consumer Services, you may do so by notifying Merit Consumer Services in writing. Your notice should be sent, in writing, to Merit Consumer Services, Inc. at 14002 E. 21st Street, Suite 420, Tulsa, OK 74134 and include your name, date of birth, and email address for your Merit Consumer Services account. You may also terminate your account online at the Merit Consumer Services website.
Merit Consumer Services may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Services, the Content, and/or the Products at any time, with or without cause, in Merit Consumer Services's absolute discretion and without notice.
The following section of this Agreement shall survive termination of your use or access to the Services: sections 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25, and any other provision that by its terms or by its nature survives or should survive termination of your use or access to the Services, the Content, and/or the Products.
You agree to defend (if requested by Merit Consumer Services) indemnify and hold harmless the MERIT CONSUMER SERVICES PARTIES from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the MERIT CONSUMER SERVICES PARTIES in connection with any claim by a third party (including any intellectual property claim) arising out of: (A) your use of the Services, the Content, and/or the Products; (B) your violation or alleged violation of this Agreement; (C) your violation or alleged violation of any applicable law or regulation, or (D) your infringement or alleged infringement by of any intellectual property or other right of any other person or entity. You further agree that you will cooperate fully in the defense of any such claims. The MERIT CONSUMER SERVICES PARTIES reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Merit Consumer Services.
This Agreement constitutes the entire agreement between Merit Consumer Services and you in connection with your use of the Services, the Content and/or the Products, your receipt of your free credit report or score, and your participation in our program to receive periodic offers for products and services from our Partners and supersede any prior versions of our Terms of Use (or similar documents), if applicable. The failure of Merit Consumer Services to enforce any of its rights or act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit Merit Consumer Services’s rights with respect to such breach or any subsequent breaches. No waiver by Merit Consumer Services of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Merit Consumer Services. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. Merit Consumer Services may assign its rights and duties under this Agreement to any party at any time without any notice to you. This Agreement may not be assigned by you without Merit Consumer Services’s prior written consent. You agree that Merit Consumer Services’s agents and service providers are third-party beneficiaries of this Agreement, with all rights to enforce provisions of this Agreement applicable to them as if those agents and service providers were a party to this Agreement. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that this Agreement will not be construed against Merit Consumer Services by virtue of having drafted them.
If you have questions regarding this Agreement or the practices of Merit Consumer Services, please contact us by e-mail at Legal@MeritConsumerServices.com or by regular mail at Merit Consumer Services, Inc., 14002 E. 21st Street, Suite 420, Tulsa, OK 74134, Attention: Legal Department.
Last date of revision: December 28, 2018
