Terms of Use and Disclaimers
Last Updated August 01, 2017
IMPORTANT! USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND DISCLAIMERS (“Terms of Use”). IF YOU DO NOT AGREE WITH THEM, PLEASE DO NOT USE THIS WEBSITE.
PURCHASERS OF OUR SOFTWARE ARE ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THEIR RESPECTIVE END-USER LICENSE AGREEMENTS. In the event of any conflict between these Terms of Use and any End User License Agreement, the End User License Agreement shall control.
1. The works of authorship on this website are solely the property of TurboDispute LLC (“TurboDispute”, “us” or “we”) and/or its suppliers, which retains all rights thereto. Trademarks or service marks which you may encounter on this website are the property of third parties.
2. DISCLAIMERS. TurboDispute is not a Credit Repair Organization nor a law firm, and provides no credit repair services or financial or legal advice. WE MAKE NO REPRESENTATION, WARRANTY OR PROMISE AS TO ANY PARTICULAR OR GENERAL OUTCOME RESULTING FROM YOUR USE OF OUR PRODUCTS OR THIS WEBSITE. THERE IS NO GUARANTEE THAT YOUR CREDIT SCORE, CREDIT HISTORY, CREDIT RECORD OR CREDIT RATING WILL BE IMPROVED. TESTIMONIALS OR OTHER ENDORSEMENTS FOUND ON THIS SITE OR IN TURBODISPUTE’S ADVERTISEMENTS MAY NOT BE INDICATIVE OF TYPICAL RESULTS AND YOUR RESULTS MAY VARY. WE ARE NOT ASSOCIATED WITH, AND ARE NOT ENDORSED BY ANY CREDIT BUREAU OR CREDITOR, including but not limited to Equifax, Experian, Trans Union or annualcreditreport.com, except as you may experience as advertisers on our website, and no rights are granted regarding their trademarks, domain names or other intellectual property. No consumer has the right to have accurate, current, and verifiable information removed from their Credit Report. This website provides certain information about the law. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. We recommend you consult a lawyer if you want legal advice applicable to your situation.
3. DISCLOSURES – Consumer Credit File Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ”credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580?.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL TURBODISPUTE OR ITS AGENTS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR PRODUCTS OR THIS WEBSITE. IN NO EVENT SHALL TURBODISPUTE OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOSS OF INFORMATION OR DATA, LOST PROFITS, HARM TO REPUTATION, LOSS OF CREDIT, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. WARRANTY DISCLAIMER. THIS WEBSITE AND OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TURBODISPUTE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. TURBODISPUTE AND ITS SUPPLIERS DO NOT WARRANT THE ADEQUACY, ACCURACY OR COMPLETENESS OF OUR PRODUCTS OR THE MATERIAL ON THIS WEBSITE, OR THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF OUR PRODUCTS OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, TURBODISPUTE AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THIS WEBSITE ALL TIMES. TURBODISPUTE MAKES NO WARRANTY REGARDING MALICIOUS CODE, VIRUSES, OR THE LIKE. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THIS WEBSITE.
6. PRIVACY POLICY AND NOTICE. You hereby acknowledge receipt of, and agree to the terms of, our “Privacy Policy and Notice” posted on this website, which may be accessed by clicking here. You further agree to receive all privacy policies and notices electronically at this website, including any opt-out or opt-in provisions permitted or required by law.
7. COPYRIGHT INFRINGEMENT. Your use of our products and this website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. TurboDispute has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on this website or in connection with our products. TurboDispute has adopted a policy that provides for the immediate termination of any user who is found to have infringed on the rights of TurboDispute or of a third party, or otherwise violated any intellectual property laws or regulations. TurboDispute’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want TurboDispute to delete, edit, or disable the material in question, you must provide TurboDispute with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 TurboDispute to locate the material; (d) information reasonably sufficient to permit TurboDispute to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to TurboDispute’s designated agent at:
Intellectual Property Manager
TurboDispute
Email: support@turbodispute.com
8. NON-AFFILIATED SITES. TurboDispute has no control over, and no liability for any third party web sites or materials, such as annualcreditreport.com, or the websites or materials of credit reporting agencies. TurboDispute also works with a number of business associates and service providers, such as programmers and credit card intermediaries, whose Internet sites may be linked with this website. Because neither TurboDispute nor this website has control over the content and performance these other sites, TurboDispute makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. See also the Section regarding “Our Advertisers” below.
Please also note that our site gives you the option to place your results using our software on Twitter.com; if you take advantage of this option, your Twitter.com posting may be used on our website.
9. PROHIBITED USES. TurboDispute imposes certain restrictions on your permissible use of this website and our products. You are prohibited from violating or attempting to violate any security features of this website or our products (“hacking”), including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our products, this website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with this website or our products with regard to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using this website to send unsolicited e-mail, including, without limitation, promotions or advertisements; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using this website. Any violation of system or network security may subject you to civil and/or criminal liability.
10. MODIFICATIONS TO THESE TERMS OF USE. TurboDispute may, in its sole discretion and without prior notice, revise the terms of these Terms of Use. All revisions shall be effective immediately. By using this website, you agree to check these Terms of Use whenever you access this website as these Terms of Use may change from time to time. You agree that, by continuing to use or access this website following any revision, you accept and shall abide by any such revision. To give you a better idea of when modifications have occurred, we will also revise the “last updated” date found at the beginning of these Terms of Use when we post changes to it.
11. DISPUTE RESOLUTION. You agree that you will attempt in good faith to resolve with TurboDispute by mutual agreement all disputes arising out of or relating to this website. We both further agree that any dispute that is not able to be resolved between us within sixty (60) days written notice thereof to the other party shall be submitted to J·A·M·S/ENDISPUTE, or its successor, for mediation in Los Angeles, California, and if the matter is not resolved through mediation within ninety (90) days of its submission, then it shall be submitted to J·A·M·S/ENDISPUTE, or its successor, for final and binding arbitration before a single arbitrator. Both sides agree to participate in the mediation and arbitration in good faith, and that they will share equally the costs and expenses of the mediator, the arbitrator and J·A·M·S/ENDISPUTE. The provisions of this Section may be enforced by any court specified in the Section hereof entitled “Governing Law”, and the party seeking enforcement, if successful, shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
12. OUR RIGHT TO USE YOUR POSTINGS. If you post any information or messages to any of our chat groups, bulletin boards, or forums, we have the right to copy and use such communications or any part(s) thereof, including but not limited to your name and the date of the posting, in any manner we deem appropriate in our sole discretion, including but not limited to testimonials used to advertise our products. You also grant us unlimited permission to use and exploit any suggestions, requests, feedback or other ideas you post, without any compensation to you.
13. OUR ADVERTISERS. It is possible you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through this website. Any such activities, terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. TurboDispute shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. TurboDispute does not endorse any sites on the Internet that are linked through this website. We are not responsible for any content, products, or other materials on or available from such sites, which have their own privacy policies, terms and agreements.
14. GOVERNING LAW. Use of, access to, and disputes regarding this website and/or our products shall in all respects be governed by and be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, USA in all disputes arising out of or related to this website or our products, and waive any claim of inconvenient forum.
15. SEVERABILITY. If anyone or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision hereof.
16. INDEMNITY. You agree to indemnify defend, and hold harmless TurboDispute, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of this website and/or our products, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. TurboDispute will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. WAIVER. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. At no time shall any failure or delay by either party in enforcing any provisions, exercising any option, or requiring performance of any provisions, be construed to be a waiver of same.
18. HEADINGS. The headings hereof are for reference only and shall not affect the meaning of any section.
19. INJUNCTIVE RELIEF. If you breach any provisions of these Terms of Use other than those regarding payment, TurboDispute will have no adequate remedy at law. Accordingly, TurboDispute shall have the right, in addition to any other rights and remedies existing in its favor, to enforce its rights by injunctive relief, and you hereby waive the defense that there is an adequate remedy at law.
20. CONSTRUCTION AND INTERPRETATION. These Terms of Use shall not be construed against either TurboDispute or any other party as the drafter.