Updated January 23, 2013
Acceptance of Terms
WELCOME TO CREDIT KARMA!
The following are terms of a legal agreement (the "Agreement") between you and Credit Karma, Inc., a Delaware corporation ("Credit Karma", "we", or "us"), that sets forth the terms and conditions for your access to and use of our web and mobile services, including web and mobile Internet sites and mobile applications, including without limitation Internet Web site located at www.creditkarma.com and any other web sites operated by us (collectively, the "Sites") (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and our Credit Karma mobile application(s) (the "Mobile Application"), which are owned and operated by Credit Karma, and your obtaining from us of a free credit score, related analysis of information in connection therewith and/or valuable offers of products and services from our Partners (such services, the Sites and the Mobile Application shall collectively be referenced as the "Services"). This Agreement also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact with the Services and post this Agreement. This Agreement governs your use of the Services. By accessing, browsing, and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.
The Services contain materials including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services (collectively, the "Content"). The Services also provide functions and services for which you can register – such as to receive your credit score for free, related analysis of information in connection therewith and, if you so choose, to participate in our valuable products and services offer program (collectively, the "Product").
We reserve the right to amend this Agreement from time to time and will notify you of any such changes by posting the revised Agreement on the Sites or on our Mobile Application. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of any of our Services after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability.
In some instances, both this Agreement and separate governing documents setting forth additional conditions may apply to a particular service or product offered via the Services ("Additional Terms"). The Additional Terms are incorporated by reference into this Agreement. To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1. Account Registration
Through the Services, you may register to receive a free credit score, related analysis of information in connection therewith and valuable offers for products and services from time to time from our partners (collectively, the "Partners"). The decision to provide information to us is purely optional; however, if you elect not to provide such information, you may not be able to access certain features or functions of the Services.
Only users eighteen (18) years of age or older with valid United States Social Security Numbers may register to receive a free credit score, and to participate in Credit Karma's valuable products and services offer program. By registering for an account, you certify that you are eighteen (18) years of age or older.
When you provide information to the Services, you agree to provide only true, accurate, current and complete information about yourself and your accounts maintained at other websites not operated by us, and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
If you register on the Services and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, and you agree that you will not sell, transfer or assign your account or any account rights. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer, mobile device, or other Internet access device so that others may not access the password-protected portion of the Services using your name in whole or in part.
We reserve the right to terminate your account or otherwise deny you access to the Services in our sole discretion, without notice and without liability.
If any information you provide is untrue, inaccurate or not current, or if Credit Karma has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Credit Karma, in its sole discretion, has the right to suspend or terminate your use of any Product and refuse all current or future access to the Content and use of the Products or suspend or terminate any portion thereof. Further, you agree that Credit Karma will not be liable to you or any third party if Credit Karma suspends or terminates your access to the Content or any Products for any reason. Credit Karma (and not any of its service providers) owns your account information.
2. Specific Consents Granted upon Submission of Your Registration Form:
At the time that you submit your registration form to us to register for the Services and to obtain a free credit score and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement):
I understand that by submitting this registration form I am requesting a copy of my consumer credit report and score; such submission shall therefore constitute "written instructions" in accordance with the Fair Credit Reporting Act for Credit Karma to obtain a copy of my consumer credit report and score from TransUnion, at any time Credit Karma requests until this Agreement is terminated and/or I terminate my account with Credit Karma’s Services. I further authorize TransUnion to provide a copy of my consumer credit report and score to Credit Karma, Inc. at P.O. Box 520, San Francisco, CA 94104-0520, at any time Credit Karma requests until this Agreement is terminated and/or I terminate my account with Credit Karma’s Services.
I further understand that by submitting this registration form I am authorizing Credit Karma, once it has obtained my credit report(s) and score(s) for me at any time, to retain a copy of such credit report(s) and score(s) in its records along with the other information I am submitting through this registration form (collectively, the "Registration Profile"), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other users’ Registration Profiles. I understand that Credit Karma will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive.
3. Partner Offers
We will not share your credit report and score with our Partners. However, we will match offers from Partners against your Registration Profile (as hereinafter defined), which would include your credit report and score along with other targeting criteria, in order to ensure that you receive offers that are tailored to you. One of the underlying philosophies behind our business, as reflected in the "Credit Karma" name, is that individuals who have through their efforts been able to maintain relatively good credit scores or who have worked hard to re-build their credit should be able to reap the rewards of those efforts, including by receiving discounted and favorable pricing and rates on the products and services that they enjoy. While we do not guarantee that the offers that you receive from our Partners will meet that goal, or that they will necessarily be the best offers available to you, we do represent and warrant to you that providing you with valuable offers for products and services from our Partners is one of the main animating objectives of our business. Our technology for matching your Registration Profile to the valuable offers for products and services provided by our Partners is proprietary and, in carrying out such matching, we may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in our sole discretion. We do not guarantee that you will receive offers for any particular types of products or services.
4. Savings Estimates
We may use information about your credit card usage and data we have on current credit card offers to calculate how you might save money by transferring one of your credit card balances to another credit card. We may provide you figures and calculations of possible balance transfer costs, interest savings, value of rewards and bonus points, annual and application fees, estimated total savings and other information if you transfer a credit card balance; however, we provide such calculations for illustration purposes only. Such estimated figures are provided based upon our calculations and data only, and are neither endorsed nor commissioned by any of our Partners or third-party advertisers. We do not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness or usefulness of any such estimated calculations, and we disclaim liability for errors or omissions in any such estimated calculations.
5. Receiving Your Credit Report
In addition to the free credit score you will receive from Credit Karma if you register for our Services, you are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law (you may contact your state or local consumer protection agency or state attorney general to learn more about your rights under state law). For information on obtaining a free credit report from Experian, Equifax or TransUnion you may contact them directly at www.experian.com, www.equifax.com and www.transunion.com.
6. Limitations of Use
You agree to use the Services, the Content, and the Products only for lawful purposes. You are prohibited from any use of the Services, the Content, and/or the Products that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to, unauthorized entry into Credit Karma's systems, misuse of passwords, or misuse of any information posted on or available through the Services is strictly prohibited. Your eligibility for particular Products or services is subject to final determination by Credit Karma.
You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
The Services may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
8. User Content You Submit
- User Content. The Services may provide you and others with the opportunity to participate in forums, blogs, message boards and other communication functionality (collectively, "User Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Credit Karma, the Services, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
- License to Credit Karma and its Service Providers for User Content. You grant to Credit Karma the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Credit Karma is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Services or Credit Karma, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Credit Karma the unconditional right to use your name, persona and likeness included in any User Content in connection with delivering the Services, without any obligation or compensation to you. You also grant to Credit Karma the right to sub-license and authorize others (including Credit Karma’s assignees, licensees, agents and service providers) to exercise any of the rights granted to Credit Karma under this Agreement; and each such third party will be entitled to benefit from the rights and licenses granted to Credit Karma under this Agreement. You further authorize Credit Karma to publish your User Content in a searchable format that may be accessed by users of Services, the Internet and mobile devices. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
- Credit Karma’s Obligations Regarding User Content. You agree that Credit Karma has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Credit Karma will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Credit Karma may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Credit Karma reserves the right to treat User Content on the Services, or on certain portions of the Services, as content stored at the direction of users for which Credit Karma will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Usage Rules when notice of such violations are directed to Credit Karma’s attention. User Content posted may not be maintained on the Services by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Credit Karma is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
9. User Forums Usage Rules
As a user of the Services, you agree that these User Forums Usage Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in User Forums. Your participation in the User Forums is subject to the terms in this Agreement, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Services and may disregard any User Content that, in our sole discretion, violates these Rules or the Agreement, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content:
- User Content must be yours. All User Content must be original with you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Services and elsewhere.
- No pictures or images of anyone but you, your friends and family. If you choose to upload photos to the Services, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it, and if that person is a minor in the jurisdiction in which they live, with the express permission of his/her parent or legal guardian. If you are submitting a picture of someone else’s pet, you must have permission of the pet owner to do so.
- Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Services. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Services.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Does your User Content contain music or video content? Your User Content may not contain any music or video content unless the work and performance is original with you and/or you have all rights to the musical and video work (including any performances). No jingles, sampling or otherwise of music.
- Do not use the User Forums for commercial purposes. Our User Forums are designed for users to provide feedback and commentary. Do not use our User Forums to advertise or promote any product or service, or for any other commercial purposes. In addition, you may not use your User Content to raise money for anyone, any organization (including charitable organizations), any business or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence or cruelty to animals. Your User Content may not promote violence or cruelty to animals or describe how to perform a violent or cruel act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Others are watching. We hope that you will use the User Forums to exchange information and content and have discussions with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don’t share other people's personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Services or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Services or any computer’s or other device’s operating system.
We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content must be yours", "No pictures or images of anyone but you and your friends and family" and "Does your User Content contain music?" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Services.
10. Intellectual Property Information and Restrictions
- Copyright. The copyright in the Content is held by Credit Karma or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You are permitted to use the Content delivered to you through the Services only on the Services You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Credit Karma. You acknowledge that the Content is and shall remain the property of Credit Karma. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Credit Karma's prior written approval. You also may not, without Credit Karma's written permission, "mirror" any material contained on the Services on any other server. You may not reverse engineer or reverse compile any of the Services’ technologies, including but not limited to, any Java applets associated with the Services. Any unauthorized use of any Content on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
- Trademarks. Credit Karma (including the Credit Karma logo), CreditKarma.com, and all related logos (collectively the "Credit Karma Trademarks") are trademarks or service marks of Credit Karma. Other company, product, and service names and logos used and displayed on the Services may be trademarks or service marks owned by Credit Karma or others. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Credit Karma Trademarks displayed on the Services without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Credit Karma Trademarks found on the Services unless in accordance with written authorization by us. We prohibit use of any of the Credit Karma Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Credit Karma Trademarks, or whether any mark or logo is a Credit Karma Trademark, should be referred to Credit Karma.
11. Copyright Complaints
- DMCA. You may not use the Sites or Mobile Application(s) for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), Credit Karma has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
- Procedure. If you believe, in good faith, that any materials on Sites or Mobile Application(s) infringe your copyrights, notifications of claimed copyright infringement should be sent to Credit Karma's designated agent as set forth below. Notification should include whenever possible:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Sites or Mobile Application(s);
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
Name: Legal Department
Mailing Address: P.O. Box 520, San Francisco, CA 94104-0520
Phone number: 415-692-5722
Fax number: 510-225-2310
Email address: email@example.com
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
12. Location of Services and Territorial Restrictions
The information provided by the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Credit Karma to any registration requirement within such jurisdiction or country. Credit Karma controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services provided through the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any Content, program, Products, service or other feature described or available through the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
13. Notice of Prosecution
Access to and use of password protected and/or secure areas of the Services are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution.
Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or score/disclosure under false pretenses may face criminal prosecution. Please note that we do not directly report or provide your credit score to any third party.
14. Links to Third-Party Sites
- Mobile Features. The Services may offer features and services that are available to you via your mobile phone. These features and services may, include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access the Service’s features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
- Terms of Mobile Features. You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Credit Karma of any changes to your mobile number and update your account on the Services to reflect this change.
16. Items Available for Download
Any items that we make available for download or use from the Services and/or our servers (the "Downloadable Items") are the copyrighted work of Credit Karma or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Services, you consent to the download of software to your computer or mobile device and accept these Terms and any Additional Terms related to such application.
17. Disclaimer of Warranties
NONE OF CREDIT KARMA, ANY OF ITS AFFILIATES, AGENTS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, VENDORS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "CREDIT KARMA PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE CREDIT KARMA PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, THE PRODUCTS OR THE SERVICES. WITH RESPECT TO THE PRODUCTS (INCLUDING, WITHOUT LIMTATION, FREE CREDIT SCORES, VALUABLE OFFERS FOR PRODUCTS AND SERVICES FROM OUR PARTNERS, AND ESTIMATED CALCULATIONS OF SAVINGS FROM TRANSFERRING YOUR CREDIT CARD BALANCE TO ANOTHER CREDIT CARD), YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT CREDIT KARMA IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE NATIONAL CREDIT REPORTING AGENCY (TRANSUNION) ACTUALLY FURNISHING THE CREDIT SCORES AT ISSUE (IN THE CASE OF THE FREE CREDIT SCORES) AND BETWEEN YOU AND OUR PARTNERS (IN THE CASE OF THE VALUABLE OFFERS FOR PRODUCTS AND SERVICES), AND THAT CREDIT KARMA’S CALCULATIONS OF POSSIBLE SAVINGS IF YOU TRANSFER A CREDIT CARD BALANCE TO ANOTHER CREDIT CARD IS MERELY AN ESTIMATE; THEREFORE, THE CREDIT KARMA PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT SCORES OR FOR THE CONTENT, AVAILABILITY, OR LEGALITY OF ANY OF THE OFFERS MADE BY THE PARTNERS, OR OF ITS ESTIMATED CALCULATIONS OF SAVINGS IF YOU TRANSFER YOUR CREDIT CARD BALANCE TO ANOTHER CREDIT CARD.
THE SERVICES AND ALL OF THE CONTENT AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE CREDIT KARMA PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES, THE MOBILE APPLICATION(S) ANY OTHER SERVICES, (B) THE CONTENT, (C) THE PRODUCTS, (D) THE DOWNLOADABLE ITEMS, (E) USER CONTENT, (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM CREDIT KARMA OR VIA THE SERVICES. THE CREDIT KARMA PARTIES FURTHER MAKE NO REPRESENTATIONS, WARANTIES OR ENDORSEMENTS THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY OF THE CONTENT, THE PRODUCTS OR THE SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED. IN ADDITION, THE CREDIT KARMA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SERVICES, THE CONTENT OR THE PRODUCTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHERE ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CREDIT KARMA PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
CREDIT KARMA MAY DISCONTINUE OR MAKE CHANGES IN THE SERVICES, THE CONTENT, AND/OR THE PRODUCTS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE CREDIT KARMA PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CREDIT KARMA RESERVES THE RIGHT TO TERMINATE ANY OR ALL SERVICES OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THE SERVICES COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THE SERVICES IS AT YOUR OWN RISK.
18. Disclaimer and Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE CREDIT KARMA PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE, EVEN IF THE CREDIT KARMA PARTIES, OR REPRESENTATIVES THEREOF, ARE OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OR RELATING IN ANY WAY TO: (A) THE USE OR INABILITY TO USE BY ANY PARTY OF THE SERVICES, THE CONTENT, THE PRODUCTS, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES IS LINKED; (B) IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (F) THE USE, INABILITY TO USE, UNAUTHORIZED USED, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. THE CREDIT KARMA PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, THE CONTENT, AND/OR THE PRODUCTS IS TO STOP USING THE SERVICES AND TO NOTIFY US THAT YOU NO LONGER DESIRE TO RECEIVE THE PRODUCTS. IF YOUR USE OF THE SERVICES, THE CONTENT, AND/OR THE PRODUCTS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
IN NO EVENT WILL THE CREDIT KARMA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE THAT THE CREDIT KARMA PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT OR THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME KNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
19. Monitoring of the Services
Credit Karma has no obligation to monitor the Services; however, you acknowledge and agree that Credit Karma has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services, or to protect itself or other users of the Services.
20. Security Features
Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, so we do not guarantee or warrant that we will be able to provide any such Products to you, even if you submit a registration form to us for such Products. Credit Karma may use your personal information to the extent necessary to process your order and carry out the transactions that you enter into with us.
21. Governing Law and Dispute Resolution
This Agreement shall be subject to and construed under the laws of the State of California, without reference to the conflicts of law provisions thereof.
You understand and agree that all claims, disagreements, disputes or controversies between you and Credit Karma, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. Because the Services provided to you by Credit Karma concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in San Francisco, California. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA’s Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against Credit Karma in connection with or related to the Services will be resolved individually, without resort to any form of class action.
This Agreement is effective until terminated by either you or Credit Karma as set out below.
If you want to terminate your legal Agreement with Credit Karma, you may do so by notifying Credit Karma in writing. Your notice should be sent, in writing, to Credit Karma address at P.O. Box 520, San Francisco, CA 94104-0520 and include your name, date of birth, and email address for your Credit Karma account. You may also terminate your account online.
Credit Karma may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Services, the Content, and/or the Products at any time, with or without cause, in Credit Karma's absolute discretion and without notice.
The following section of this Agreement shall survive termination of your use or access to the Services: sections 6, 8, 10, 11, 12, 13, 14, 17, 18, 19, 21, 23 and 24, and any other provision that by its terms or by its nature survives or should survive termination of your use or access to the Services, the Content, and/or the Products.
You agree to defend (if requested by Credit Karma) indemnify and hold harmless the Credit Karma Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Credit Karma Parties in connection with any claim by a third party (including any intellectual property claim) arising out of: (A) your use of the Services, the Content, and/or the Products; (B) your violation or alleged violation of this Agreement; (C) your violation or alleged violation of any applicable law or regulation, or (D) your infringement or alleged infringement by of any intellectual property or other right of any other person or entity. You further agree that you will cooperate fully in the defense of any such claims. The Credit Karma Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Credit Karma.
25. Contacting Us
If you have questions regarding this Agreement or the practices of Credit Karma, please contact us by e-mail at firstname.lastname@example.org or by regular mail at Credit Karma, Inc., P.O. Box 520, San Francisco, CA 94104-0520, Attention: Legal Department.
Last Updated: January 23, 2013