Credit Climb

CREDIT CLIMB TERMS OF SERVICE

Introduction

Welcome to the Credit Climb (“Credit Climb,” “we,” or “our”) website (the “Website”). This Terms of Service Agreement (“Agreement”) is between you (“you,” or “your”) and Credit Climb, a Delaware limited liability company, and contains the terms and conditions upon which you may access Credit Climb’s products (the “Products”) through the Website. Please read this Agreement carefully before you start to use our Products. You must accept the terms of this Agreement before you will be permitted to enroll in, register for, purchase or use the Products or other offerings included in the Products. By using or registering on the Website, submitting your order and/or using the Products offered by Credit Climb, you are acknowledging electronic receipt of, and your agreement to be legally bound by, the terms of this Agreement. If you do not agree with these terms or if you do not want to be bound by them, please do not use the Products. If you violate this Agreement in any way, your right to access the Products may be terminated.

This Agreement applies to Credit Climb, its parent companies, subsidiaries, affiliates, divisions, contractors and all data sources and suppliers all of which are referred to herein as “Credit Climb.” The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Credit Climb and otherwise through this Website.

Please note that many government records are available free or at a nominal cost from certain government agencies. In addition, credit reporting agencies are required by applicable federal and state law to furnish you a copy of your credit report upon request, in some instances at no charge, or for a nominal fee (see “fair credit reporting act rights” in Section 7 below).

By using the Products, you represent and warrant that you are of legal age to form a binding contract with Credit Climb and meet all of the eligibility requirements contained in these terms. By accepting this Agreement, you hereby agree as follows:

1. Products

i. Overview of Products. Credit Climb’s Products includes all products and services offerred by Credit Climb, including the content, features, tools, data, software and functions made available through the Website and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Products, including adding new products, modifying existing products, or suspending, discontinuing, or terminating any or all portions of our Products, or your access to any or all portion of our Products.

ii. Tools. Certain tools may be available through the Products to provide you with simulations, estimates, calculations or analysis about your credit score. These tools are for educational use only and are provided to you as a courtesy to monitor your credit health and provide information to you that may be helpful to make informed credit decisions. Simulations, estimates, calculations, and other analyses are based only on the data we have, and options or information selected by you, and we do not guarantee their accuracy. Credit Climb does not offer any professional advice but only educational and monitoring services.

iii. Product Types

i. Products

1. Standard Subscription. The Standard Subscription shall include:

a. Three (3) months of educational materials and credit monitoring for $49.99 per month (“Initial Subscription Period”).

b. Following the Initial Subscription Period, the Standard Subscription will continue but will no longer include new educational material but will instead focus on credit monitoring, with access to past educational materials. The price for these services will be $9.99 per month until the subscription is terminated by you or Credit Climb in accordance with this Agreement.

2. Corporate Sponsored Subscription. The Corporate Subscription shall include all materials and services provided within the Standard Subscription, but payment shall be handled by a third party corporate sponsor pursuant to Credit Climb’s separate agreement with such corporate sponsor.

ii. Add-on

1. Professional Appointment. Upon your request and for an additional fee of $50.00, Credit Climb will schedule a 45 minute appointment with a Credit Climb professional to discuss and evaluate your credit score.

iv. Your Use of The Products

i. You agree not to use or access any of the Products:

1. In any way that violates any applicable federal, state, local, or international law, rule or regulation.

2. In any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm Credit Climb or users of the Products and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature.

3. To circumvent or disable any content protection system or digital rights management technology used with any Products; decompile, reverse engineer, disassemble or otherwise reduce any Products to a human-readable form; remove identification, or other proprietary notices; or access or use any Products in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

4. To create accounts or access data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper, or by using a name other than your legal name.

ii. No Guarantee of Products Availability. Because of the nature of internet and online communications, the Website or the Products may not perform as intended despite our efforts, those of your Internet service provider, and you. We do not guarantee uninterrupted or error free operation of your Products or this Website. From time-to-time, technical issues may also result in the unavailability of or disruption of certain Products or Product features. In addition, your use of a Product that is excessive or in a manner not contemplated by this Agreement may also result in a Product not performing as intended despite our efforts. We will use reasonable efforts to maintain operation of the Website and availability of the Products at all times. If there is a system error or other problem concerning your Product, you agree to promptly notify us of the same, we will try to correct the error, but you will not be entitled to any money or damages for any system error of any type. Certain Product features within the Products may be provided by third parties or may be dependent on data provided by third parties. We may be unable to provide such Product features because the third party will no longer provide the Product features or data to us or will no longer provide the Product feature or data on terms that Credit Climb believes, in its sole discretion, to be commercially reasonable. Credit Climb will notify you if it is no longer able to offer a Product feature or certain data associated with a Product feature for these reasons. Credit Climb will not be liable for failure to provide all or part of a Product or Product feature for these reasons.

2. Your Account and Billing

i. General Requirements.

i. You will need to register for a Credit Climb account to access the many aspects of our Products. By registering for an account you certify that: (1) you are at least 18 years of age, (2) you have a valid U.S. Social Security number, and (3) you are only registering for yourself. By registering to access any Product, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you as part of providing our Products. Our Privacy Policy https://www.creditclimb.com/policy.html explains how we collect and use your information.

ii. You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license or assign your account, password, username or any account rights. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password safe and secure. If you believe that your account is no longer secure, change your password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your Credit Climb account and your right to use the Website. Online access to consumer credit report information is subject to verification of the identity of the user. We reserve the right to suspend or cancel any accounts that we believe are or were involved in fraudulent activities, in our sole discretion.

iii. While you are on the Website or are using or accessing our Products, we may collect certain data about your use of the Website and the Products. By accessing or viewing the Website, you understand that we will be collecting this data. If you do not want us to collect data about you, please do not access the Website and do not enroll in, purchase, or use any of our Products.

ii. Consent to Obtaining Consumer Report and Other Information. By registering, you also specifically consent and provide authorization (“written instructions”) for us to access your credit files from each national credit reporting agency and to exchange certain information about you with third parties in order to (1) verify your identity and (2) provide the Products to you, or to access additional information about you in order to provide you with the Products that you requested. Each time you access the Products, you are providing “written instructions” as set forth in the Fair Credit Reporting Act for Credit Climb to obtain your consumer credit report from each national credit reporting agency.

iii. Billing and Cancellation

i. Billing - Subscriptions. When you subscribe for a Product, you understand that it is a subscription that automatically renews itself each month indefinitely without action. Credit Climb will charge the appropriate monthly subscription fee (plus sales tax, if applicable) or annual fee (whichever is applicable) to the account that you designated as your preference, or if you have not designated a preference, to the payment mechanisms, such as a debit or credit card, most recently used for the Products on the Website. Consent to obtain credit data to fulfill the benefits of subscription products shall be valid under the program until cancelled. The benefits of your subscription (including, without limitation, online credit reports and credit monitoring alerts) will be suspended until payment is received. Credit reports, credit scores and debt analysis will be available for a period of up to one year or until you update your report; otherwise, Products will be provided for the period stated in the product description.

ii. Billing - Overdraft Fees. Credit Climb is not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a credit card rather than a debit card. Refunds will not be issued if we have successfully delivered access to the Products to you.

iii. Cancellation.

1. Voluntary. To voluntarily cancel your Products or subscriptions, please use the https://account.creditclimb.com/settings on our Website or call toll-free at (887) 589-9417.

2. Involuntary due to Lack of Payment. If payment for your subscription is not received, your subscription will be cancelled.

3. Effects of Cancellation. Upon cancellation, you lose access to the Products and any areas of the Website designated for subscribers only as well as access to your data and other benefits. This includes any credit data and analyses that have been displayed during the subscription. The only exception is if you have already paid the annual amount for a year of access; in that case refunds will not be give, but instead you will retain access to the subscribed Products until the pre-paid year has concluded. For subscribers using monthly plans, neither full nor pro-rated refunds will be given for the current month.

iv. Automatic Termination of Account. Violation of this Agreement may, in our sole discretion, result in termination of your account or any Product. If you violate the letter or spirit of this Agreement or the Credit Climb Privacy Policy, or otherwise create risk or possible legal exposure for us, we may stop providing all or part of the Products to you.

3. Term and Termination; Modification

i. Term and Termination. This Agreement will take effect at the time you click to accept and continue to the dashboard and shall terminate (a) when you cancel your membership by contacting Credit Climb via the Website or the toll-free number set forth on the Website for cancellations, or (b) if Credit Climb discontinues providing your specific Product, subject to your benefits that you have paid for; or (c) for any reason at any time in Credit Climb’s sole discretion. To cancel your subscription, please see the Cancellation provision above. Credit Climb Products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. Credit Climb has the right to suspend or terminate your use of any Product or access to our Website if we determine, in our sole discretion, that your use of our Products has abused the credit reporting or credit scoring systems.

ii. Modification. Credit Climb may (i) change the terms of this Agreement or the features of the Products, or (ii) change the Website, including eliminating or discontinuing any content or feature of the Website, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Website before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Website and/or your subscription after Credit Climb posted such a notice, you agree to be bound by all of the changes. You are expected to review the Website periodically to ensure familiarity with any posted notices.

4. Intellectual Property Rights. We respect the intellectual property rights of others, and we prohibit users of our Products from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact us using info@creditclimb.com on our Website.

5. Disclaimer of Warranties and Limitation of Liability

i. NO WARRANTIES. INFORMATION AND PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL CREDIT CLIMB BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF CREDIT CLIMB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ii. LIMITATION OF Liability. IN NO EVENT WILL Credit Climb BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE the products, THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Credit Climb IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Credit Climb’s liability in such jurisdictions shall be limited to the maximum extent permitted by law.

6. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CREDIT CLIMB AND ASSOCIATED PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS CREDIT CLIMB AND ASSOCIATED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE PRODUCST AND THE CONTENT YOU MAKE AVAILABLE BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO CONTENT, OR OTHERWISE.

7. Fair Credit Reporting Act Rights. The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Products are not intended to constitute the disclosure of information by a credit reporting agency as required by the FCRA or similar laws. Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies.

i. Free Credit Report. You are entitled to receive a free copy of your credit report from a credit reporting agency if:

i. You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.

ii. You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.

iii. You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.

iv. You certify in writing that you are a recipient of public welfare assistance.

v. You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

ii. Additional State Details. In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, North Carolina or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. If you are a resident of Mississippi, then beginning in 2016, you are entitled to free credit reports for three (3) years. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

iii. Credit Report Dispute. The FCRA provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM CREDIT CLIMB IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

8. Privacy Policy. By using our Website, becoming a subscriber of one of our subscription plans, or purchasing any of our Products, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. In the event you indicate that you want to receive offers from Credit Climb, your information may be used to serve relevant ads to you when you visit the Website. Our Privacy Policy can be accessed at the following link: https://www.creditclimb.com/privacy.html

9. Territorial Restrictions. Credit Climb is based in the United States and provides its Products for use to persons located in the United States. We make no claims that the Products or any of its content is accessible or appropriate outside of the United States. Access to the Products may not be legal by certain persons or in certain countries. If you access the Products from the outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10. Links. The Products may contain links to other Websites that operate independently of Credit Climb and are not under our control. We provide links to other Websites solely for your convenience and information. We are not responsible for information that is provided by, or collected through, those Websites or for any other use of those websites, nor do we endorse any of the third-party products or services which may be displayed to you through such links.

11. Miscellaneous

i. Policy Regarding Children. We define children as individuals under the age of 18. Our Website is not intended for the use of children and we do not intend to collect information about children through our Website. You must be at least 18 years of age to access any Products through this Website or to join any Credit Climb subscription plan.

ii. Governing law. This Agreement is governed by the laws of the State of Colorado, excluding conflicts of law provisions. YOU AGREE THAT THE EXCLUSIVE Jurisdiction for any dispute with Credit climb arising under or in relation to this Agreement shall lie exclusively with the state or federal courts LOCATED within denver county, colorado.

iii. Wavier. No waiver of by Credit Climb of any term or condition set out in these Terms of Service 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 Credit Climb to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

iv. Notice. You should send any notices or other communications regarding our Website, products or services via info@creditclimb.com on our Website. Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and update your contact information accordingly.

v. Assignment. Credit Climb may assign the Agreement to any party at any time without notice to you. You may not assign your rights or obligations under the Agreement, by operation of law or otherwise, without our consent.

vi. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction 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 this Agreement will continue in full force and effect.

vii. Interpretation. The titles and annotations contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against Credit Climb because we drafted it.

viii. Entire Agreement. This Agreement and our Privacy Policy constitute the sole and entire agreement between you and Credit Climb regarding the Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Products.

The effective date of these Terms of Service is August 23, 2022.