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Description of Services
The Site provides you with access to information concerning credit and debt management, products and services offered by independent and affiliated service providers and a variety of resources, including but not limited to articles, tools and calculators, download areas, communication forums, and product information (collectively "Services"). The Services, including any modifications, deletions, updates, enhancements and new features (collectively "Site Changes") are subject to these TOU. 3Ci reserves the right to make any Site Changes at any time and in any manner, without prior notice.
The Services are for your personal use. Except as otherwise expressly stated, you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Children Under 13
We do not knowingly solicit data online from, or market online to, children under the age of 13.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any 3Ci server, or the network(s) connected to any 3Ci server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other usernames, computer systems or networks connected to any 3Ci server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials you obtain through the Services, including but not limited to, copyright or trademark notices.
Loans and Credit
NOTHING ON THIS SITE IS A PROMISE TO MAKE A LOAN. ALL DECISIONS RELATING TO EXTENDING CREDIT ARE MADE BY THE SERVICE PROVIDERS TO WHOM YOU ARE REFERRED. 3Ci DOES NOT HELP YOU OBTAIN CREDIT. 3Ci DOES NOT HELP YOU IMPROVE YOUR CREDIT REPORT, RECORD, HISTORY OR RATING, OR HELP YOU DISPUTE INFORMATION IN YOUR CREDIT REPORT.
No Legal Advice
3Ci is not a lawyer and does not give legal advice.
Transmission of Personal Data
Registration, Password, and Security
If any of the Services requires you to login, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your username. You must notify us immediately of any unauthorized access or use of your username or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or username, either with or without your knowledge.
3Ci owns this Site and owns and/or retains the rights to all text, logo or graphic images appearing herein, and all such materials is protected by copyright, trademark, and other laws. Nothing in these TOU transfers any rights in such materials to you or any third party.
Special Notice - Service Providers
3Ci is not responsible for the services or products offered on the Site by other service providers. We do not endorse or guarantee the content, products, or services provided by service providers and available through the Site.
The selection of a service provider included on this Web site and the transaction of business with the service provider is your sole responsibility and should be undertaken only after a thorough investigation and analysis. The service provider is solely responsible for its services to you, and you agree that 3Ci shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any service provider.
Where permitted by law, 3Ci receives fees from each service provider. In addition, some of the other companies in 3Ci's family of companies receive fees from some service providers. Your use of this Site is your agreement with this compensation arrangement.
Special Notice - Interactive Services
The Services may include interactive services to share useful information through discussion forums, bulletin boards, news groups, and other message facilities designed to enable you to communicate with others ("Interactive Services"). For example, the CareOne Community is a place for its members to share useful information with each other. 3Ci creates an environment to enable CareOne members to anonymously discuss their financial situation and allows you to engage in peer-to-peer discussion about financial matters and other issues that may be of relevance.
We want to ensure that all our members have a pleasant experience at all times while taking part in Interactive Services. The information contained within Interactive Services is sometimes provided by our staff and sometimes provided by other Interactive Service members. Note that 3Ci and CareOne Services, Inc. employees may also be members of the Interactive Service.
By participating in an Interactive Service, you agree not to use the Interactive Service to send or post on message boards or any place on the Site any message or material that is improper. By way of example, and not as a limitation, you will not: (i) defame, harass, threaten, or otherwise violate the legal rights of others; (ii) post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyright text, images or programs, trade secrets or other proprietary confidential information, and trademarks or service marks used in an infringing manner; (iii) display or distribute any information that is false, misleading, obscene, profane, sexually oriented, racially offensive, abusive or libelous; (iv) interfere with other users use of this Site; (v) post or transmit any file which contain viruses, worms, "Trojan horses", time bombs, or the like that may damage the operation of the computer or property of another; (vi) use the Interactive Service in a commercial manner to post messages or solicitations in message boards or during live chats; or (viii) use the Interactive Service in connection with otherwise objectionable material or that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any applicable law.
3Ci is under no obligation to monitor, post, or use any submission from you, and we may remove any submission at any time in our sole discretion and without notice. From time to time, we may re-publish your messages in our communications, including but not limited to newsletters and advertisements. If we re-publish your information, we will identify you only by your username. We may also contact you to request a testimonial about the services you have received as a member of the Interactive Service or other services provided by one of 3Ci's service providers.
We reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, from the Site in our sole discretion.
We ask you to limit the amount of personally identifiable information that you provide in Interactive Services. We strongly discourage you from provideing your legal name, address, phone number or other personally identifying information when communicating with other members. And, never post social security numbers or account numbers.
You agree not to post any copyrighted information unless you have the consent of the owner of that information. If you post material in violation of this promise, you will be responsible for any damages. 3Ci will not be held responsible for member-posted information that may violate copyright law. You agree that by posting, uploading, inputting, providing, or submitting any materials to the Site, you are granting us and the general public a nonexclusive perpetual royalty-free worldwide license to: (i) copy, distribute, transmit, display, perform, and create derivative works from your submission; (ii) publish your username in connection with your submission; and (iii) sublicense any such rights. We will not compensate you for your submission. You warrant and represent that you own or control all rights to your submission, and have the rights necessary to grant the licenses and sublicenses described in these TOU.
Special Notice - Tools Available on the Site
Special Notice - Documents Available on the Site
We grant you permission to use documents that we make available for downloading from the Site (the "Documents") provided that your use of such Documents is in accordance with these TOU.
To the extent permitted by applicable law, any comments or materials ("Feedback") sent to 3Ci including questions, suggestions, ideas, comments, or the like relating to this Site, the Services (including Interactive Services, The Community and the Tools) and Documents shall be deemed to be non-confidential and shall become the property of 3Ci upon receipt. 3Ci shall have no obligation of any kind with respect to such Feedback and shall be free to transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, and distribute the Feedback to others without limitation. Further, 3Ci shall be free to use any ideas, concepts, know-how and techniques contained in such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products or services incorporating such information.
Disclaimer of Warranties
THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS), DOCUMENTS AND ALL OTHER INFORMATION OR SERVICES AVAILABLE ON THIS SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH 3Ci, WHICH YOU MAY VISIT THROUGH THIS SITE, ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," BY 3Ci, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THIS SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (VIII) THAT THIS SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS) OR DOCUMENTS IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY 3Ci TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS), AND DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 3Ci AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS) AND/OR DOCUMENTS AT ANY TIME AND FROM TIME TO TIME.
Limitation of Liability
3Ci SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWSOEVER CAUSED, WHETHER ARISING UNDER THESE TOU OR OTHERWISE, EVEN IF 3Ci WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.
IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, 3Ci'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.
You agree to defend, indemnify, and hold 3Ci, its affiliates and their officers, directors, employees, agents, contractors and service providers harmless from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney's fees and costs, arising out of or in any way related to your use of the Site, the Services (including without limitation, the Interactive Services, The Community and Tools), or the Documents including any third party claims.
A link to a Linked Site does not mean that 3Ci endorses or accepts any responsibility for the content, functioning or use of such Linked Site, and you enter any such web site at your own risk. You agree that 3Ci has no control over or liability for information on Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this Site. 3Ci is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
3Ci prohibits unauthorized hypertext links to the Site, or the framing of the Site.
We reserve the right to discontinue providing and/or to terminate your access to the Site, the Services (including any Interactive Service, The Community and Tools), and Documents, or any portion thereof, at any time.
DMCA - Copyright Infringement Claims
3Ci has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. 3Ci reserves the right to remove any materials on the Service that allegedly infringe another person's copyright. If you believe your copyright has been infringed, please notify us email@example.com and provide the following information:
i.a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii.identification of the copyrighted work(s) claimed to have been infringed;
iii.identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv.information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
v.a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi.a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Governing Law and International Use
This Site is controlled by 3Ci from its Columbia, Maryland office in the United States of America. This Site only is directed to persons in the continental United States, Hawaii and Alaska, however, it may be accessed from many difference places around the world. As each of these places has laws that may differ from those of the State of Maryland, by accessing this Site, you agree that the statutes and laws of the State of Maryland, without regard to the conflicts of laws principles, and including the Maryland Uniform Computer Information Transactions Act, will apply to all matters relating to the use of this Site. You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of this Site shall be only in the federal or state court with competent jurisdiction in the State of Maryland. You consent to the exercise of personal jurisdiction by such courts in any such action. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Statute of Limitations
Regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of the Site must be filed within 1 year after the claim or cause of action arose or be forever barred.
a. Claims Subject to Arbitration. Upon your election or 3Ci's election, any claim, dispute or controversy between you and 3Ci (or any parent, subsidiary, affiliate, predecessor, successor or assignee, or any officer, director, employee, agent or representative of you or 3Ci) arising from or relating to these TOU or ("Claim") shall be resolved by binding arbitration pursuant to this Arbitration Agreement, and the applicable rules in effect at the time the Claim is filed of the Administrator selected under Subparagraph (b). This includes Claims of every kind and nature, including Claims relating to the validity, enforceability or scope of this Arbitration Agreement and the remainder of these TOU; Claims relating to any advertising or promotional materials that contain information about these TOU or the Site, Services (including without limitation, Interactive Services, The Community, and Tools) or Documents; initial claims, counterclaims, cross-claims and third-party claims; and Claims based upon contract, tort, fraud, misrepresentation and other intentional torts, constitution, statute, ordinance, regulation, common law, and equity. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other party or parties. 3Ci may not elect to arbitrate an individual Claim you bring in small claims court or your state's equivalent court, if any, unless the Claim is transferred or appealed to a different court.
b. Administrator; Arbitrator. You may select from either of the following companies as Administrator at the time you commence an arbitration or within 20 days after you commence an arbitration: National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371; or American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879. If you fail to timely select an Administrator, 3Ci may choose one. If the selected company is unable or unwilling to serve (or stops serving) as Administrator, you will have 20 days to select a different Administrator from the above list; if you fail to select a different Administrator within the 20-day period, 3Ci will select one. Any arbitrator shall be a lawyer with more than 10 years of experience or a retired judge.
c. No Class Actions, etc. You may not arbitrate (or participate in the arbitration of) any Claims on a class action or class-wide basis or in a representative or private attorney general proceeding. Claims brought by or on behalf of others may not be consolidated with or arbitrated in any arbitration proceeding that is considering your Claims. Similarly, you may not join with others to bring Claims in the same arbitration proceeding.
d. Location; Fees. Any arbitration hearing you attend shall take place in the federal judicial district where you live. If you initiate or seek to initiate arbitration, and cannot obtain from the Administrator a waiver of the filing, administrative, hearing and/or other fees charged by the Administrator, upon your written request 3Ci will consider in good faith paying or advancing such fees on your behalf. Otherwise, each party shall bear its own arbitration fees and the expense of that party's attorneys, experts and witnesses, regardless of which party prevails in the arbitration, unless applicable law gives a party the right to recover any of those fees or expenses from the other party.
e. Effect of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be final and binding, except for any appeal right under the Federal Arbitration Act, 9 U.S.C. §1 et seq. (the "FAA") and Claims involving more than $50,000. For Claims involving more than $50,000, either party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's costs, regardless of its outcome. However, 3Ci will consider in good faith any reasonable written request you make for 3Ci to bear the cost.
f. Governing Law. These TOU involves interstate commerce, and this Arbitration Agreement shall be governed by the FAA and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief, and attorneys' fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement, and the Administrator's rules.
h. Notice. If either party elects to arbitrate any Claim, neither you nor 3Ci have the right to litigate that Claim in court; to have a jury trial on that Claim; to engage in pre-arbitration discovery except as provided for in the rules of the Administrator; or to participate as a representative or member of any class pertaining to such Claim. Other rights you would have if you went to court may also not be available in arbitration.
For More Information
If you have any comments, concerns or questions regarding these TOU policy, please contact us at firstname.lastname@example.org