Last Modified: December 30, 2022
1. Acceptance of and Agreement to the Terms of Use
The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, "Terms of Use") is entered into by and between the Company entity on whose behalf their authorized representative has agreed to these Terms of Use (the “Company”, “you”, or “your”) and C2C Resources, LLC ("C2C," "we,", "us", or “our”) and is a binding agreement. These Terms of Use governs the Company’s registration, access to, and use of the online Company designed credit application, application management process, and related services for use by the Company in facilitating the Company to make credit decisions with respect to existing and potential commercial business customers of the Company applying for credit (“Company Applicants”), as further described herein (collectively, the “Credit App Express Services”), and this website creditappexpress.com, including any content, features, functionality, applications, and services offered on or through such website (the "Website").
BY CLICKING TO ACCEPT AND AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, THE COMPANY (A) REPRESENTS THAT THE COMPANY IS A CORPORATION OR OTHER LEGAL ENTITY DULY FORMED OR ORGANIZED UNDER THE LAWS OF THE UNITED STATES OR ONE OF ITS TERRITORIES AND IS IN GOOD STANDING; (B) REPRESENTS THAT THE PERSON AGREEING TO THESE TERMS OF USE ON THE COMPANY’S BEHALF HAS READ AND UNDERSTAND THESE TERMS OF USE AND HAS BEEN DULY AUTHORIZED TO BIND THE COMPANY TO THE TERMS OF USE; (C) AGREES TO AND ACCEPTS THESE TERMS OF USE; AND (D) REPRESENTS THAT THESE TERMS OF USE ARE A LEGAL, BINDING, AND ENFORCEABLE OBLIGATION OF THE COMPANY, ENFORCEABLE AGAINST THE COMPANY, AND THAT THE COMPANY IS LEGALLY BOUND BY ITS TERMS. IF THE COMPANY DOES NOT AGREE TO THESE TERMS, DO NOT USE THE CREDIT APP EXPRESS SERVICES OR THE WEBSITE.
NOTICE OF BINDING ARBITRATION – ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED ARBITRATION, WAIVER OF CLASS ACTION BELOW.
These Terms of Use hereby incorporates by reference any additional specific terms, descriptions, conditions, limitations, and exclusions with respect to the Credit App Express Services referenced and available by links in this Website.
2. Changes to the Terms of Use
C2C may revise and update these Terms of Use from time to time in C2C’s sole discretion. All changes are effective immediately when C2C posts them to the Website and apply to all access to and use of the Credit App Express Services and Website thereafter. However, any changes to the dispute resolution provisions set out in the section titled Arbitration, Waiver Of Class Action will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
The Company’s continued use of the Credit App Express Services or the Website following the posting of revised Terms of Use means that the Company accepts and agrees to the changes. The Company is expected to check creditappexpress.com each time the Company accesses this Website so the Company is aware of any changes, as they are binding on the Company.
In addition, C2C may, in its sole discretion, require that the Company acknowledge and agree on the Website the Company’s acceptance of any revised or updated Terms of Use or Other Service Terms before continuing to use the Credit App Express Services or this Website.
3. Proprietary Rights
The Credit App Express Services and the Website are owned by C2C and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The content of the Credit App Express Services and the Website (“C2C Content”) is owned by and the property of C2C, its licensors, sponsors, partners, advertisers, content providers or other third parties. The C2C Content includes, without limitation, (i) C2C’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification; (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, displays, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, features, applications, look and feel, and arrangement of any content contained in or available through the Credit App Express Services or the Website. C2C Content is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any C2C Content by the Company, or by the Company through any other person or entity, is prohibited unless express written consent is separately obtained from C2C. The Company may not alter, delete, obscure, or conceal any copyright or other notices appearing in the C2C Content, including any such notices appearing on any C2C Content.
4. License Grant
Subject to and conditioned on the Company’s compliance with the terms and conditions of these Terms of Use, C2C hereby grants to the Company, exclusively for the Company’s internal business use in the United States, a limited, nontransferable, nonexclusive license and right to access and use, without the right to sublicense, the Website and Credit App Express Services for which the Company registers (the “License”). The License shall include the Company’s use of the Credit App Express Services to obtain limited information from Company Applicants for the purpose of facilitating the Company’s credit decisions.
C2C reserves the right to terminate the License at any time for any reason. C2C reserves any rights not explicitly granted in the License or these Terms of Use.
This License, and the right to use the Credit App Express Services, is expressly subject to the Company timely paying any amounts required to be paid for use of the Credit App Express Services as provided in the Section entitled Usage Fees.
5. Limits on Use
These Terms of Use, including the License, permit the Company to use the Website, the Credit App Express Services, and C2C Content for the Company’s internal business use in the United States and only in connection with the Company’s business as disclosed to C2C in the registration and validation processes (the “Permitted Business”). The Company is not to use the Website, the Credit App Express Services, or the C2C Content for any other purpose or in connection with any business other than the Permitted Business.
The Company must not lease, sell, sublease, clone, decompile, reverse engineer, translate, copy, market, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website. The Company must not modify copies of any materials from this Website, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
The Company must not access or use for any commercial purposes other than for the Company’s internal business use any part of the Website, the Credit App Express Services, or any services or materials available through the Website. If the Company wishes to make any use of material on the Website other than that set out in this section, please address the Company’s request to: clientrelations@c2cresources.com.
If the Company prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website or the Credit App Express Services in breach of these Terms of Use, the Company’s right to use the Website and the Credit App Express Services will stop immediately and the Company must, at our option, return or destroy any copies of the materials the Company has made. No right, title, or interest in or to the Website, the Credit App Express Services or any C2C Content is transferred to the Company, and all rights not expressly granted are reserved by C2C. Any use of the Website, the Credit App Express Services, or any C2C Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
6. Prohibited Uses
The Company may use the Website and Credit App Express Services only in accordance with these Terms of Use.
The Company agrees not to use the Website or the Credit App Express Services:
For any illegal purpose or activity or in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To collect or store personal data of users of the Website or the Credit App Express Services other than Company Applicants.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail”, "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate C2C, a C2C employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Credit App Express Services, or which, as determined by C2C, may harm C2C or users of the Website or the Credit App Express Services, or expose them to liability.
Additionally, the Company agrees not to:
Use the Website or the Credit App Express Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website or the Credit App Express Services, including their ability to engage in real time activities through the Website or the Credit App Express Services.
Use any robot, spider, or other automatic device, process, or means to access the Website or the Credit App Express Services for any purpose, including monitoring or copying any of the material on the Website or the Credit App Express Services.
Use any manual process to monitor or copy any of the material on the Website or the Credit App Express Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website or the Credit App Express Services.
Introduce any viruses, Trojan horses, worms, logic bombs, trap doors, back doors, timers, clocks, denial of service attack or other limited routines, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Credit App Express Services, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or the Credit App Express Services.
7. Accessing the Website and Credit App Express Services
C2C reserves the right to modify, suspend, discontinue, bar, or restrict the Company’s access to or use of the Website, the Credit App Express Services, or any portions thereof, at any time and without notice or liability. In addition, C2C reserves the right to withdraw or amend this Website or the Credit App Express Services, and any service or material C2C provides on the Website or in connection with the Credit App Express Services, in C2C’s sole discretion without notice. C2C will not be liable if for any reason all or any part of the Website or the Credit App Express Services is unavailable at any time or for any period. From time to time, C2C may restrict access to some parts of the Website, or the entire Website, to users.
The Company is responsible for making all arrangements necessary for the Company to have access to the Website and for ensuring that all persons who access the Website or the Credit App Express Services on behalf of the Company or through the Company’s internet connection are aware of these Terms of Use and comply with them.
8. Credit App Express Services
Upon the Company completing the required registration processes, being approved by C2C to use the Credit App Express Services, and creating an account (the “Credit App Express Services Account”) the Company will have the ability to design customized commercial business to business credit applications that Company Applicants can access, complete, and submit using links to the Website provided by the Company through the Credit App Express Services. Through the Company’s Credit App Express Services Account, the Company can access and view the information provided by Company Applicants in their application, including uploaded documents, (the “Applicant Content”), process requests for additional information from third parties, such as trade references and bank references, (the “Third-Party References”), and manage the credit approval and denial process. C2C retains the right, in its sole discretion and without advance notice, to revise, delete, or add any functionalities, products, or services included in the Credit App Express Services.
C2C may arrange with certain third parties to provide products or services to C2C or the Company as part of or in connection with the Credit App Express Services (“Providers”). The Company may be required to separately agree to the applicable specific terms, descriptions, conditions, limitations, and exclusions of Providers (“Provider Terms”) prior to the Company’s use of the Credit App Express Services. The Company’s failure to agree to any applicable Provider Terms may prevent or restrict the Company from accessing or using certain or all the Credit App Express Services or the Website’s features and functionality. Any violation of such Provider Terms or Other Service Terms will also be deemed a violation of these Terms of Use.
The Company agrees not to use the Credit App Express Services to engage in or facilitate any unauthorized, fraudulent, or illegal transactions. In addition, the Company agrees to use the Credit App Express Services only in connection with the Permitted Business. C2C or Providers may refuse, condition, or suspend any transaction or other activity in connection with the Credit App Express Services which they believe (i) may violate these Terms of Use or any Provider Terms or Other Service Terms, (ii) are unauthorized, fraudulent, or illegal, or (iii) expose the Company, C2C or Providers to risks unacceptable to C2C or Providers. If C2C or Providers suspect or know that the Company is using or has used the Credit App Express Services for any unauthorized, fraudulent, or illegal purposes, C2C and the Providers may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency. This information may include information about the Company, the Administrator or other Company users, the Company’s Credit App Services Account, Company Applicants, Applicant Content, or transactions made through use of the Credit App Express Services.
By providing the Credit App Express Services, C2C is not acting as a financial institution, money transmitter, debt collector, credit repair company, or credit services organization. The Credit App Express Services are not intended to provide any legal, tax or financial advice.
9. Registration and Credit App Express Account
To access the Credit App Express Services an individual duly authorized by the Company to contract on behalf of the Company, provide information about the Company, to utilize the Credit App Express Services on behalf of the Company, and to control Company Credit App Service Account settings, payment, and additional users (the “Administrator”) must register the Company. The Administrator may add one or more Company personnel involved in the credit approval process as additional users (“Users”). The Administrator and Users must provide their individual email address and select an individual password, which credentials must be used to access the Credit App Express Services available to the Company.
With respect to the Company’s Credit App Express Account and any other Credit App Express Services that requires a username and/or password, the Company agrees, on its own behalf and on behalf of the Authorized Administrator and any Users, that (i) the Authorized Administrator and Users are eighteen years of age and hold a valid U.S. Social Security Number or taxpayer identification number, (ii) the Authorized Administrator and Users will not use a username (or e-mail address) that is already being used by someone else, that infringes the intellectual property or other right of any person or entity, or is offensive; (iii) the Authorized Administrator will provide true, accurate, current, and complete information about themselves and the Company in connection with the registration process; (iv) the Authorized Administrator, the applicable User, and the Company are solely responsible for all activities that occur in connection with the Company’s Credit App Express Account or other Credit App Express Services using the Authorized Administrator’s, or User’s password or user name; (v) the Authorized Administrator, the applicable User, and the Company are solely responsible for maintaining the confidentiality of the Authorized Administrator’s and User’s password and for restricting access to such password so that others may not access any password-protected portion of the Credit App Express Services using the Authorized Administrator’s or User’s username or password; and (vi) the Company, the Authorized Administrator, or applicable User will immediately notify C2C of any unauthorized use of the Company’s Credit App Express Account or the Authorized Administrator’s or User’s password or username, or any other breach of security.
By registering and establishing a Credit App Express Account, the Company authorizes C2C to contact the Company by any means available to provide the Company with additional information related to the Credit App Express Services and other related products offered by C2C or third parties. C2C reserves the right, in its sole discretion, to determine if and how to contact the Company regarding the Credit App Express Services and other related products offered by C2C or third parties.
10. Company Provided Information and Authorizations
The Company represents and warrants that any information provided by or on behalf of the Company in connection with the Website or Credit App Express Services, including the registration and maintenance of the Credit App Express Account, and information concerning Company Applicants provided by the Company, (the “Company Content”) is true, accurate, complete, and current and that C2C and its Providers shall have the right to rely on such information as such, without further investigation. Company Content shall include the credit application designed by the Company. The Company represents and warrants that all Company Content (i) is in compliance with all applicable federal, state, local, and international laws and regulations and these Terms of Use, (ii) does not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, (iii) does not violate the legal rights (including the rights of publicity and privacy) of others or (iv) contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or contracts, and does not promote any illegal activity, or advocate, promote, or assist any unlawful act. All Company Content is governed by our Privacy Policy, and the Company consents to all actions C2C and our Providers take with respect to such information consistent with C2C’s Privacy Policy. The Company hereby authorizes C2C and our Providers to, directly or through third parties, make any inquiries C2C or our Providers consider necessary to verify the Company Content; provided that the Company acknowledges that neither C2C nor Providers will have any obligation to verify any such Company Content.
The Company agrees that the Company, not C2C or Providers, is fully responsibility for the Company Content, including its legality, reliability, accuracy, and appropriateness. The Company agrees and acknowledges that the Company is solely responsible for any liabilities, fines, or penalties resulting from or in connection with Company Content. The Company agrees to the continuing obligation to correct, update, and keep current any Company Content. C2C is not responsible or liable to the Company or any third party for the content or accuracy of any Company Content.
If any Company Content is, or if C2C has reasonable grounds to suspect Company Content is, false, inaccurate, outdated, incomplete, or violative of these Terms of Use, any additional terms applicable to the Credit App Express Services, or any applicable law, then C2C may suspend or terminate the Company’s Credit App Express Account or any Credit App Express Services with or without providing advance notice.
C2C has the right to cooperate fully with any law enforcement authorities or court order requesting or directing C2C to disclose the identity or other information of anyone using the Website or the Credit App Express Services, including Company Applicants. THE COMPANY WAIVES AND HOLDS HARMLESS C2C AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY C2C AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER C2C, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
By submitting Company Information to C2C through Website or in connection with the Credit App Express Services, the Company is licensing that content to C2C and its Providers for the purpose of providing the Credit App Express Services. C2C, Providers or other third parties may use and store such information in accordance with these Terms of Use, our Privacy Statement. The Company represents that the Company is entitled to submit this information to C2C for use for this purpose, without any obligation by C2C to pay any fees or be subject to any restrictions or limitations.
The Company agrees that the Company is solely responsible for any losses the Company incurs due to erroneous or fraudulent transactions in connection with the Company’s use of the Website or Credit App Express Services.
11. Applicant and Third-Party Provided Information and Authorization.
The Company agrees that the Company, not C2C, is fully responsibility for the Applicant Content and Third-Party References, including its truthfulness, accuracy, completeness, timeliness, legality, reliability, and appropriateness. The Company agrees and acknowledges that the Company is solely responsible for any damages, liabilities, fines, or penalties resulting from or in connection with Applicant Content and Third-Party References. C2C is not responsible or liable to any third party for the content or accuracy of any Applicant Content and Third-Party References.
The Company understands and agrees that C2C is only receiving the Applicant Content and Third-Party References on behalf of the Company and making it available to the Company through the Credit App Express Services for use by the Company. The Company understands and agrees that C2C will not investigate or confirm, and is not responsible for investigating or confirming, in any way the truthfulness, accuracy, completeness, timeliness, legality, reliability, or appropriateness of the Applicant Content and Third-Party References.
If any Company Content is, or if C2C has reasonable grounds to suspect Company Content is, false, inaccurate, outdated, incomplete, or violative of these Terms of Use, any additional terms applicable to the Credit App Express Services, or any applicable law, then C2C may suspend or terminate the Company’s Credit App Express Account or any Credit App Express Services with or without providing advance notice.
12. Information About The Company and The Company’s Visits to the Website
All information C2C collects on this Website is subject to our Privacy Policy. By using the Website, the Company consents to all actions taken by us with respect to the information in compliance with the Privacy Policy.
13. Maintenance of Information
C2C will not be obligated to maintain the information provided to or collected by C2C, including the Company Information, Applicant Content and Third-Party References, beyond the time that C2C determines in its sole judgment is necessary to enable C2C to provide the Credit App Express Services and will have no obligation to maintain or retain any such information or records beyond such time. C2C will not have an obligation to maintain any information relating to approved or denied applications or any information that is provided to or made available to Company through the Website, including Applicant Content and Third-Party References made available to the Company for downloading. The Company agrees to be responsible for downloading and archiving all such information made available to it as C2C shall not be responsible for maintaining such information. C2C will not have an obligation to maintain any information after the termination or closing of the Company’s credit App Services Account. C2C shall have the right, in its sole discretion, to delete or dispose of such information and records at such time and in such manner as it determines.
14. Reliance on Website Information
The information presented on or through the Website is made available solely for information purposes. Some of the information and graphics on the Website may contain inaccuracies, typographical errors, or out-of-date information. The Company’s use of the Website and the information and graphics contained on this Website are at the Company’s own risk. C2C will not be liable to the Company or anyone else for any decision made or action taken by the Company or anyone else in reliance on materials or information obtained or downloaded from the Website.
C2C may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and C2C is under no obligation to update such material.
C2C does not warrant and shall not be liable for the accuracy, completeness, or usefulness of this information. Any reliance the Company places on such information is strictly at the Company’s own risk. C2C disclaims all liability and responsibility arising from any reliance placed on such materials by the Company or any other visitor to the Website, or by anyone who may be informed of any of its contents.
C2C does not provide legal, medical, tax, or investment advice. The information on the Website is not designed or intended to replace advice from licensed professionals in these areas.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by C2C, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of C2C. C2C is not responsible, or liable to the Company or any third party, for the content or accuracy of any materials provided by any third parties.
15. Communications by Electronic Means and Electronic Signatures
The Company consents to engaging in certain electronic communications with C2C including but not limited to chat and/or electronic mail or by other electronic means at such numbers or addresses the Company provides to C2C.
C2C will not be responsible or liable for any loss or damages the Company may incur if the Company communicates confidential or other personal information to C2C by such electronic means or if C2C communicates such information to the Company by these means at the Company’s request or as a reply to a communication sent by the Company over the same channel. C2C may verify communications or the source of the communications before it accepts them, but it is not obligated to do so. Unless expressly required by law, C2C does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the internet or other communication network.
Additionally, the Company acknowledges and agrees that internet transmissions are never completely private or secure and that any message or information the Company sends to or through the Website may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.
The Company and C2C agree that any electronic signatures, whether digital or encrypted, of the parties in connection with these Terms of Use or any other agreements or writings relating to the Website or Credit App Express Services are intended to have the same force and effect as manual signatures.
16. Geographic Restrictions
The owner of the Website and the Credit App Express Services is based in the United States. C2C provides this Website and the Credit App Express Services for use only by qualifying business entities located in the United States. The Company acknowledges that the Company may not be able to access the Website or all or some of the Credit App Express Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. C2C makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. If the Company accesses the Website or the Credit App Express Services from outside the United States, the Company does so at the Company’s own risk and the Company is responsible for compliance with local laws and regulations as well as these Terms of Use.
17. Disclaimer of Warranties
THE WEBSITE AND THE CREDIT APP EXPRESS SERVICES ARE PROVIDED TO THE COMPANY “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, C2C, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND CREDIT APP EXPRESS SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, C2C PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE OR THE CREDIT APP EXPRESS SERVICES WILL MEET THE COMPANY’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
C2C DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. THE COMPANY IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY THE COMPANY’S PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Exclusion of and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL C2C OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE COMPANY’S USE OF OR INABILITY TO USE THE WEBSITE, THE CREDIT APP EXPRESS SERVICES, OR ANY RELATED CONTENT OR MATERIALS, FOR (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR (b) ANY OTHER DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT OF USAGE FEES ACTUALLY PAID BY THE COMPANY FOR THE CREDIT APP EXPRESS SERVICES.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, C2C WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE COMPANY’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE COMPANY’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO THE COMPANY’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, C2C WILL NOT BE LIABLE FOR (a) THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING COMPANY APPLICANTS, THIRD-PARTY REFERENCES AND PROVIDERS, IN CONNECTION WITH OR RELATED TO THE COMPANY’S USE OF THE WEBSITE OR THE CREDIT APP EXPRESS SERVICES OR (b) ACCURACY OF ANY INFORMATION PROVIDED BY COMPANY APPLICANTS, THIRD-PARTY REFERENCES, OR OTHER THIRD PARTIES IN CONNECTION WITH THE CREDIT APP EXPRESS SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR C2C WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
To the fullest extent permitted by applicable law, the Company agrees to indemnify, defend, and hold harmless C2C and its affiliates, and any of its or their respective its officers, directors, employees, agents, licensors or service providers from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from, relating to, or in any way connected with (i) the Company’s use or misuse of the Website or the Credit App Express Services, (ii) the Company’s breach of these Terms of Use, (iii) the submission or transmission of any information by a Company Applicant or Third-Party Reference using or in connection with the Credit App Express Services, (iv) the Applicant Content and Third-Party References, (v) the Company’s decision to extend, including the amount of credit to extend, or not extend credit to a Company Applicant, (vi) the Company’s, Company Applicant’s, or Third-Party Reference’s violation of any applicable law, (vii) the Company’s violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality or privacy right, (viii) C2C’s receipt, collection, transmission and storage of any Company Content, Applicant Content, or Third-Party References, or (ix) any disputes or issues between the Company and any third-party, including Company Applicants, providers of Third-Party References, or Providers, relating to the Website or Credit App Express Services. C2C reserves the right to assume or participate, at the Company’s expense, in the investigation, settlement, and defense of any such action or claim.
20. Usage Fees
The Company agrees to pay to C2C for use of the Credit App Express Services a periodic fee (the “Usage Fee”) based on the plan of services (the “Plan”) selected by Company as part of the registration process. The Usage Fee is payable in advance and entitles the Company to various levels of service as designated by C2C during the period with respect to which the Usage Fee applies. The Company may change the Plan from time to time by providing advance notice to C2C and paying the applicable Usage Fee. C2C may change the services provided in a Plan and the related periodic fee for a Plan from time to time by providing advance notice on the Website. Payment must be made by the Company in US dollars through the payment method provided by C2C using the Website or such other payment method as specified by C2C from time to time.
C2C reserves the right to suspend or terminate the Company’s Credit App Express Account and the Company’s access to and right to use the Credit App Express Services in the event the Company fails to timely pay the Usage Fee. C2C reserves the right to limit the Company’s access to and right to use the Credit App Express Services during a period to the amount of services included in the Plan the Company paid for such period.
21. Term and Termination
The term of these Terms of Use commences when the Administrator acknowledges and agrees to these Terms of Use on behalf of the Company and will continue in effect until terminated as set forth in these Terms of Use.
The Company may request that C2C close the Company’s Credit App Express Account or terminate the Company’s right to use the Credit App Express Services at any time by contacting C2C as provided in the Section entitled Contacting C2C.
C2C has the broad, general right to close or suspend the Company’s Credit App Express Account, or the Company’s access to the Credit App Express Services, in C2C’s sole discretion, for any reason or no reason, with or without advance notice, including, but not limited to, if (i) C2C determines at our sole discretion that the Company is ineligible for Credit App Express Services, (ii) the Company uses the Credit App Express Services in a prohibited manner or otherwise do not comply with any of the provisions of this Terms of Use, (iii) any law or Provider requires us to do so, or (iv) any Provider terminates the Company’s ability to access their services in connection with the Credit App Express Services or ceases to provide services that enable us to provide the Credit App Express Services. Without limiting the preceding, unless determined otherwise by C2C, the Company’s Credit App Express Account and access to the Credit App Express Services will automatically and immediately terminate if (i) C2C choses to no longer provide or support the Website or Credit App Express Services, (ii) the Company violates any of the terms or conditions of this Terms of Use, (iii) the Company fails to timely pay any Usage Fees, or (iv) the Company fails to use any of the Credit App Express Services for a period of nine (9) months.
Upon closing of the Company’s Credit App Express Account, the ability of the Authorized Administrator and all Users to log into the Company’s Credit App Express Account will be deactivated and the Company will no longer be able to use the Credit App Express Service; provided that C2C may, but is not obligated to, in its sole discretion continue certain functionalities of the Credit App Express Service until completion of all pending transactions. Upon closing of the Company’s Credit App Express Account, unless otherwise instructed by C2C, the Company must cease all use of the Website and the Credit App Express Services. The Company will remain obligated to pay all outstanding Usage Fees and other amounts owed, if any, relating to the Company’s use of the Credit App Express Services. The Company also agrees to provide C2C with current contact information for the purpose of communicating with the Company regarding the closing of the Company’s Credit App Express Account.
Upon the closing of the Company’s Credit App Express Account this Terms of Use shall terminate and all the rights granted to the Company under this Terms of Use, including the License, will terminate; provided that the provisions contained in Sections 3, 5, 6, 10-11 and 13-30 shall survive termination of the Terms of Use. Termination of this Terms of Use will not limit any of C2C’s rights or remedies at law or in equity and the Company will continue to be liable to C2C for any Usage Fees or fines, or other financial obligations incurred by the Company or through the Company’s use of the Website or the Credit App Express Services prior to termination. While C2C reserves the right to delete all the Company’s information and account data stored by or on behalf of C2C, C2C may continue to maintain information about the Company after the Company’s use of the Credit App Express Services or these Terms of Use is terminated as provided in the Section entitled Maintenance of Information.
22. Governing Law
These Terms of Use and all matters regarding the Company’s use of the Website and the Credit App Express Services shall be governed by, construed in accordance with, and enforced under the laws of the State of Louisiana applicable to contracts made and executed and wholly performed in the State of Louisiana, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply, and their applicability is expressly excluded. Printed copies of all agreements and/or notices in electronic form shall be admissible in any legal, investigative, or regulatory proceedings.
23. Arbitration; Waiver of Class Action
If the Company has a dispute with C2C, C2C will attempt to resolve any such disputes through our support team. If C2C cannot resolve the dispute through our support team the dispute will be resolved in accordance with the below provisions.
THE COMPANY AND C2C AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE CREDIT APP EXPRESS SERVICES OR ANY PART OF THESE TERMS OF USE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, (THE “DISPUTE”) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, C2C MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF.
The Dispute shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Dispute shall be brought solely by the Company as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Jefferson Parish, Louisiana. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees.
The federal courts of the United States or the courts of the State of Louisiana, in each case located in the Parish of Jefferson, shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, (ii) any injunctions or other forms of equitable relief sought in connection with the Dispute, or (ii) if arbitration is not permitted by law, then any claim the Company has arising out of or relating to these Terms of Use. The prevailing party shall be entitled to an award of reasonable attorney fees. The Company and C2C each agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and neither the Company nor C2C will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
THE COMPANY AGREES THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE COMPANY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, THE COMPANY AGREES TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS.
If a court decides that any provision of this Section is invalid or unenforceable, that provision shall be severed, and the other parts of this Section shall still apply. In any case, the remainder of these Terms of Use will continue to apply. This Section shall survive expiration, termination, or rescission of these Terms of Use.
24. Waiver of Jury Trial
THE COMPANY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT THE COMPANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE CREDIT APP EXPRESS SERVICES.
25. Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION, CLAIM, OR DISPUTE THE COMPANY MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE CREDIT APP EXPRESS SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Force Majeure.
C2C shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond C2C’s reasonable control, including but not limited to, any delay or failure due to any act of God, an act of civil or military authorities, the act of terrorists, civil disturbance, war, strike or other labor dispute, fire, pandemic, interruption in utilities, telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, nonperformance of C2C’s vendors or suppliers, or any other occurrence which is beyond C2C’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
27. Waiver
No waiver by C2C of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of C2C to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
28. Severability
If any provision of these Terms of Use is held by a court, other tribunal of competent jurisdiction, or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
29. Assignment
The Company may not assign or delegate these Terms of Use or any of the terms or conditions hereunder, directly, indirectly, or otherwise without the written consent of C2C, and any such purported assignment or delegation shall be void.
30. Entire Agreement
These Terms of Use, together with any revisions, our Privacy Policy, any documents, or policies referenced herein, and any Click-through Agreement constitute the sole and entire agreement between the Company and C2C regarding the Website and the Credit App Express Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or the Credit App Express Services.
31. Contacting C2C
If the Company has any feedback, questions, or complaints, contact C2C via email at clientrelations@c2cresources.com, telephone at 678-495-0050, or write to us at C2C Customer Support, Attention Rodney Wild, 3445 N. Causeway Blvd., Suite 205, Metairie, LA 70002. When the Company contacts C2C please provide C2C with the Company’s name, address, and any other information C2C may need to identify the Company and the transaction on which the Company have feedback, questions, or complaints.