Last Updated: 9/29/2025
These Terms of Use (“Terms of Use”) apply to all services,
information and opportunities offered by, and any transactions
with beastcreditmonitoring.com, its past, present, or
future parents, subsidiaries, affiliates, predecessors,
assignees, successors, and their respective agents, employees,
directors, officers, partners, and members (whether acting
in their corporate or individual capacity) (“beastcreditmonitoring.com”,
“we” “our” or “us”). A complete list of beastcreditmonitoring.com
partner websites is available here. Notwithstanding any
language in the Terms of Use to the contrary, the Terms
of Use have the same effect as an agreement in writing
and govern your use of any of our technologies and platforms,
including this website, beastcreditmonitoring.com and
its content or any beastcreditmonitoring.com mobile application
(collectively the “Website”), your engagement of our services
(as defined below, the “Services”), and/or your request
that we contact you about its Services.
BY USING THE WEBSITE AND THE SERVICES AND/OR
REQUESTING THAT WE CONTACT YOU ABOUT OUR SERVICES,
YOU AGREE TO THESE TERMS OF USE AND AGREE TO COMPLY
WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO
NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS
OR OTHERWISE USE THE WEBSITE OR SERVICES OR ANY
INFORMATION CONTAINED ON THIS WEBSITE. WE RESERVE
THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM
TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF
THE WEBSITE AND SERVICES FOLLOWING THE CHANGES TO
THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE
CHANGES.
You are responsible for regularly reviewing
the Terms of Use, by clicking on the “Terms of Use” link
on the Website. The Terms of Use may be supplemented by
additional terms and conditions applicable to privacy,
specific areas of the Website, or to where particular
content or transactions are posted in particular areas
of the Website and, together with the Terms of Use, shall
govern your use of those areas, content, or transactions.
INFORMATIONAL PURPOSES; NO PROFESSIONAL ADVICE. THE INFORMATION, CONTENT AND MATERIALS CONTAINED AT AND WITHIN THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELING AND/OR ADVICE FROM CERTIFIED LEGAL OR FINANCIAL PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST SEEK ADVICE FROM QUALIFIED LEGAL, TAX OR FINANCIAL ADVISORS.
We are not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating. Additionally, we do not guarantee that the information we present as part of our Services, including credit report or credit score information, is the same information that may be used or reviewed by a third party to assess your creditworthiness or eligibility for any particular product or service or for employment. We do not represent or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website. Any information contained on the Website with respect to results obtained is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present members or the circumstances of their specific matters do not constitute testimonials or endorsements by such members, nor are they a guarantee, warranty or prediction of the outcome of your matter.
SERVICES
The Website gives users general educational and informational
resources about the Services, and the ability to register
for the Services. “Services” shall mean all products,
services and member benefits provided on or accessed through
the Website, including the content, features, tools, data,
software and functions made available through the Website,
and other websites and applications we operate. You are
not required to sign up for our Services in order to visit
and read material on the Website, however, you will need
to register in order to use and take advantage of the
Services.
Not all Services are available with every membership plan. Once you successfully register, you will have immediate access to the registered Services through a personal member portal (“Portal”) accessible on the Website, where you can view your Member Profile as well as the specific Services you have registered with, and any results of such Services. It is the member’s responsibility to log into the Portal frequently to use and/or to check the status of any provided Services. We may, at our discretion, modify or discontinue any of the Services or a portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of any of the Services. Your continued use of the Services, or your failure to terminate your membership, after any such modifications have been made to the Services, will constitute your acceptance of those modifications.
REGISTRATION.
To access certain areas or features of the Website and
to participate in the Services, you will be required to
register as a membe and to provide certain information
about yourself. When you register, 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 in accordance with our
Privacy Policy as part of providing our Services (collectively,
such information is your “Member Profile.”)
To
register as a member, you must be a living individual
and not a company, corporation or any other entity, you
must be eighteen (18) years of age or older and have a
valid U.S. Social Security number. You must reside in
the contiguous United States while using the Services.
Any methods to obscure or hide the country or location
of a computer or device along with the use of a VPN, Private
or Proxy IP to connect to the Website or use the Services
is strictly prohibited. The country listed in your Member
Profile must be the country you are both living in, and
logging into your member account from. You are only allowed
to sign up for yourself, and you agree to provide complete,
accurate and current information, and to update this information
when it changes. We do not permit any person to sign up
for the Services on behalf of another person unless you
have an appropriate Power of Attorney. If you provide
any information that is untrue or inaccurate, not current,
or incomplete, or if we suspect that your information
is untrue or inaccurate, not current, or incomplete,we
may, in our sole discretion, suspend or terminate your
membership and refuse current or future access to the
Website or Services. Further, you agree that we will not
be liable to you or any third party in the event that
we suspend or terminate your access to the Services for
any reason. In the event the terms and conditions contained
herein these Terms of Use conflict with the terms and
conditions of any membership or other agreement you enter
into to receive Services, the terms and conditions of
such agreement to receive Services will govern and control.
Should we provide to you, or allow you to create
a username and/or password which grants you to access
certain parts of the Website and Services, you will be
solely responsible for maintaining the confidentiality
of the username, password and your account information,
and are fully responsible for all activities, including
electronic communications, that occur under and on behalf
of your account. You agree that you will immediately notify
us of any unauthorized use of your password or account,
or any other suspected breach of security, and that you
will log off of the Website and Services at the end of
each session to prevent fraud on your account by third
parties. The Website and Services are not intended for
use by children under the age of 18. We reserve the right
to refuse service, terminate accounts, or remove or edit
content in its sole discretion.
SERVICE PROVIDERS
We may use certain third party service providers to provide
services or to gather data and authenticate information
regarding you, your device, and your accounts. In some
instances, this may require you to accept third-party
software tools and products through the Services. We do
not warrant, endorse, guarantee, or assume any responsibility
or liability for any product or service advertised or
offered by a third party through the Services or Website.
If you use any product or service offered by a third party
in conjunction with the Services or Website, you acknowledge
and agree that (i) you are responsible for understanding
the terms and conditions of your use of the third party
product or service; (ii) we do not control the third party
or its product or service; (iii) your use of their product
or service is at your own risk; and (iv) we are not responsible
and may not be held liable for the product or service,
or the actions or omissions, of the third party.
INFORMATION AUTHORIZATION.
By registering for or otherwise using the Services, you
specifically consent to, agree with, and are providing
specific “written instructions” in accordance with the
Fair Credit Reporting Act and other applicable law, that
we, and our respective employees, agents, subsidiaries,
affiliates, contractors, and data and service providers,
reserve the right to provide your personally identifiable
information to, and request, receive and review your consumer
credit reports and credit rating, and other information
and data about you from and/or through, an authorized
bureau (i.e. Equifax, Experian, TransUnion) and affiliated
entities. The credit reports and credit rating are intended
to furnish you with information that you may not otherwise
have readily available to you, but should not be relied
upon for important personal and financial decisions. You
understand that you are authorizing us and our affiliated
companies to obtain such information at any time and use
as described in the Terms of Use for as long as Services
are provided to you. YOU UNDERSTAND THAT IT MAY BE A VIOLATION
OF FEDERAL AND/OR STATE LAW FOR YOU TO OBTAIN A CREDIT
REPORT ON ANY PERSON OTHER THAN YOURSELF, AND THAT UNDER
THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS
INFORMATION ON A CONSUMER FROM A CONSUMER CREDIT REPORTING
AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE
18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN 2
YEARS, OR BOTH.
Your registration in the Services
may not be fulfilled if we cannot verify your identity
or other necessary information. You further understand
and agree that we reserve the right to use, store, retain
and disclose personal information about you as permitted
by law, for our everyday business purposes, such as to
maintain your ability to access the Services, to authenticate
you when you log in, to send you information about the
Services, to perform fraud screening, to verify your identity,
to perform collections, to comply with laws, regulations,
court orders and lawful instructions from government agencies,
to protect the personal safety of subscribers or the public,
to defend claims, to resolve disputes, to troubleshoot
problems, to enforce these Terms of Use, to protect our
rights and property, and to customize, measure, and improve
the Services.
Mobile Subscriber Information. You
authorize your wireless carrier to disclose information
about your account, such as subscriber status, payment
method and device details, if available, to support identity
verification, fraud avoidance and other uses in support
of transactions for the duration of your business relationship
with us. This information may also be shared with other
companies to support your transactions with us and for
identity verification and fraud avoidance purposes.
FCRA DISCLOSURES.
The Fair Credit Reporting Act (“FCRA”) allows you to obtain
from each national 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 the Website or Services
are not intended to constitute the disclosure of information
by a credit reporting agency as required by the Fair Credit
Reporting Act or similar laws.
Under the Fair Credit
Reporting Act you are entitled to receive an annual free
disclosure of your credit report from each of the national
credit reporting agencies (i.e. Experian, Equifax and
TransUnion). To obtain the free reports, you can:
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
The FCRA also permits consumers to dispute
inaccurate information in their credit report
without charge. Accurate information cannot be
changed. You do not have to purchase your credit
report or other information to dispute inaccurate or
incomplete information in your credit file
maintained by the credit reporting agencies.
Any
Credit Report you request is not intended to constitute
the disclosure of information required by the FCRA or
similar state laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, 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.
SUBSCRIPTIONS; BILLING
By registering as a member, you agree to the product and/or
service offer details, including payment for recurring
membership subscription fees at the rate and frequency
as disclosed at the time of purchase. We will verify your
billing information before processing your order.
When you become a member and subscribe to one of the Services, you understand that it is a membership that automatically renews itself at the agreed upon subscription period (ex: weekly, monthly, yearly, etc) until cancelled or by you. Upon each renewal period, we will automatically charge the then-current membership fee (all applicable taxes and fees included) to the credit card or other payment mechanism that you have authorized or that we have on record for you. If applicable, in the event that your payment or billing source cannot process the membership fee for any reason (such as insufficient credit or funds), we may, at our discretion, re-process the payments owed to the same billing source, or other authorized billing source, in full or in incremental amounts up to 15 times within 30 calendar days from the date of the initial declined payment, in order to process the membership fees. We are not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. Refunds will not be issued once services have been provided to you. Any reactivation of previously cancelled Services may result in a change to the start of your next membership period and may change the date on which you are billed for each period.
Consent to obtain personal or credit data to fulfill
the benefits of the Services shall be valid under
the program for as long as Services are provided to
you.
Not all membership plans and applicable pricing
listed on the Website are available for online purchases.
We reserve the right to increase or decrease the pricing
of our Services from time to time, upon providing you
with reasonable notice of the changes to the email you
have on file or system generated message within the portal,
and you shall have 30 days from the date of such notice
to accept or reject such changes. You agree that, unless
you cancel your membership prior to the effective date
of the price increase, you will be charged the new applicable
membership fee at the frequency as agreed to at the time
of purchase, and you authorize us to charge the new applicable
subscription or membership fee to your payment source.
You are solely responsible for any and all fees charged
to your payment source by the issuer, bank, or financial
institution including, but not limited to, membership,
overdraft, insufficient funds and over the credit limit
fees. Your continued use of the Services, or your failure
to terminate your membership, after any such modifications
have been made will constitute your acceptance of those
modifications.
CANCELATION; TERMINATION; REFUND POLICY
You may cancel your membership or subscription at any
time by calling us at the toll free number (844) 786-8060
or by using the contact information provided on the Website
- OR- by cancelling online in the customer portal, located
in the Billing History section of My Account.
If
you cancel your membership or subscription, you will no
longer be billed for the Services, however, you will continue
to have access to the Services until the end of the subscription
or membership period during which you canceled, and until
any promotional or bonus period(s) have expired, after
which time your access to the Services will cease. No
refunds or credits will be issued. We do not provide pro-rated
refunds. Memberships can be cancelled at any time, but
should be cancelled at least 3 business days prior to
your next billing date to avoid future charges. We may
make inactive, suspend or terminate your membership or
your use of this Website or Services at any time, for
any reason or for no reason, including without limitation
in the event that (a) you breach this Agreement; (b) we
are unable to verify or authenticate any information you
provide to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our users
or us. If you become dissatisfied with the Website, your
only recourse is to immediately discontinue use of the
Website. Upon cancellation or termination, all rights
granted to you will automatically terminate.
ELECTRONIC COMMUNICATIONS.
By registering for a subscription or membership, you consent
to receive communications from us electronically and agree
to be added to our customer email list, as well as our
SMS text message customer list. We may communicate with
you by email, text message, by posting notices on the
Website, by delivering notifications through our mobile
applications or through other electronic means. You agree
that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communications be in writing. We
may send you email newsletters on a variety of topics,
and may send you emails on behalf of pre-screened third
parties containing promotional offers or opportunities
that we believe may be of interest to you. You may start
or stop receiving such emails at any time by sending an
email to an account that shall be designated for that
purpose. Additionally, even if you opt-out of marketing
emails, if you are registered or have requested that we
contact you about our products or services, you authorize
us to send you important notices about the products or
services and any pending transactions to any email address
you provide to us. It is your duty to keep your email
address up to date and to maintain a valid email address
and to ensure that emails we send you are not filtered
or stopped by spam filters or other types of email blocking
functionalities.
WEBSITE LICENSE.
As a visitor to the Website and subject to your compliance
with these Terms of Use, you are granted a limited, non-exclusive,
non-transferable license to access and make personal use
of the Website or Services and not to download or modify
it, or any portion of it, except with our express written
consent. This license does not include any resale or commercial
use of the Website or Services, or its contents, or any
use of data mining, robots, or similar data gathering
and extraction tools, or any derivative use of the Website
or Services, or its contents. The Website and Services
or any portion thereof, including without limitation the
content, text, logos or images, may not be used, reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose, including on any
public forum or social media platform, without our express
written consent. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form)
without our express written consent. You may not use any
meta tags or any other ‘hidden text’ utilizing any brand
names or trademarks without our express written consent.
Any permitted use of the Website or Services does not
extend to using the Website or Services for any illegal
purpose, or to transmit to or through the Website, or
to or through any service, any illegal, harmful, threatening,
defamatory, obscene, hateful, pornographic or other objectionable
material of any kind, or to interfere with, abuse or otherwise
violate the legal rights of any third party using the
Website or Services. Any unauthorized or prohibited use
of the Website or Services terminates all permissions
or licenses granted. We may terminate this license at
any time for any reason, whatsoever.
OWNERSHIP.
All of the content featured, displayed, included in or
made available on the Website or through the Services,
including without limitation text, graphics, logos, photographs,
button icons, images, moving images, sound, illustrations,
data downloads, data compilations and software ("Content"),
are owned by us, our licensors, vendors, and/or agents
and is protected by United States copyright, trademark
and/or patent laws. You may not use, copy, reproduce,
publish, upload, post, display, perform, transmit, distribute,
modify, license, create derivative works from, transfer
or sell any of the Content in any way, including in advertising
or publicity pertaining to distribution of materials on
this Website, or on any website or social media platform,
without our prior written consent Our trademarks and trade
dress may not be used in connection with any other product
or service in any manner that is likely to cause confusion
among users, or in any manner that disparages or discredits
us. All copyrights and trademarks not owned by us that
appear on the Website or in the Services are the property
of their respective owners. We may own patents that apply
to the Services and to the features and services accessible
via the Website. Portions of the Services or Website may
operate under license of one or more patents.
USER CONTENT LICENSE.
By using the Website, uploading or submitting material
to or for use on the Website, including but not limited
to comments, suggestions or feedback, you grant us a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display
such material throughout the world in any media. You grant
us and our sub-licensees the right to use the name that
you submit in connection with such material, if we choose.
You represent and warrant that you own or otherwise control
all of the rights to the material that you submit; that
the material is accurate; that use of the material you
supply does not violate the Terms of Use and will not
cause injury to any person or entity; and that you will
indemnify us for all claims arising from the material
you supply.
ENDORSEMENTS
We do not endorse any third-party content, including any
opinion, recommendation, or advice expressed on or through
the Website, and we expressly disclaim any and all liability
in connection with any such content. Should you use or
rely on such third-party content, data, advertisement,
products, goods or services, available or unavailable
from, or through any third party, we are not responsible
or liable, indirectly or directly, for any damage or loss
caused or alleged to be caused by or in connection with
such use or reliance and you waive the right to bring
or assert any claim against us relating to any interactions
or dealings with any third-party and release us from any
and all liability for or relating to any interactions
or dealings with such third-party.
ACCURACY OF INFORMATION
We attempt to ensure that all information is complete,
accurate and current. However, we make no representations
or warranties as to the completeness, accuracy, reliability,
currency of any information or descriptions of products,
services or other content of the Website or Services.
Additionally, we reserve the right, for any reason, in
our sole discretion, to terminate, suspend or change any
aspect of the Website or Services, including but not limited
to, content or features. We may impose limits on certain
features of the Website or Services or restrict your access
to part or all of the Website or Services without notice
or penalty.
Additionally, we reserve the right,
for any reason, in our sole discretion, to terminate,
suspend or change any aspect of the Website or Services,
including but not limited to, content or features. We
may impose limits on certain features of the Website or
Services or restrict your access to part or all of the
Website or Services without notice or penalty.
LINKING TO THIS WEBSITE.
Creating or maintaining any link from another website
to any page on this Website without our prior written
permission is prohibited. Running or displaying this Website
or any information or material displayed on this Website
in frames or through similar means on another website
without our prior written permission is prohibited. Any
permitted links to this Website must comply with all applicable
laws, rule and regulations.
MONITORING.
We have the right but not the obligation to monitor and
edit or remove any activity or content. We take no responsibility
and assume no liability for any content submitted by you
or any third party. During monitoring, information may
be examined, recorded, copied, and used for authorized
purposes in accordance with our Privacy Policy. Use of
the Website constitutes consent to such monitoring. Furthermore,
we reserve the right at all times to disclose any content
or information posted on any portion of the Website as
necessary to satisfy any law, regulation or governmental
request, or to refuse to post, or to remove, any content
or information, in whole or in part, that in our sole
and absolute discretion are objectionable or in violation
of this Agreement. Notwithstanding this right, we are
not responsible nor liable for any content or information
posted or submitted by you.
LINKS
The Website may contain links to websites and/or resources
that are not owned, operated or controlled by us or our
affiliates. All such links are provided solely as a convenience
to you. If you use these links, you will leave this Website.
Neither we nor any of our respective affiliates are responsible
or liable for the availability of, or any content, materials
or other information located on or accessible from any
other website. Neither we nor any of our respective affiliates
endorse, guarantee, or make any representations or warranties
regarding any other websites, or any content, materials
or other information located or accessible from any other
websites, or the results that you may obtain from using
any other websites. If you decide to access any other
websites linked to or from this Website, you do so entirely
at your own risk.
MINORS
Children under the age of 18 should not and are not authorized
to use the Website or Services hereunder. At various places
on the Website, we may ask whether users are under the
age of 18. We rely on our users to be truthful in responding
to these questions. If a user does not identify his/her
proper age, we will have no way of verifying actual age
with respect to our privacy policy.
CHILD ONLINE PROTECTION ACT NOTIFICATION.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby
notify you that parental control protections (such as
computer hardware, software, or filtering services) are
commercially available that may assist you in limiting
access to material that is harmful to minors. Information
identifying current providers of such protections is available
from Common Sense (https://www.commonsensemedia.org) and
OnGuard Online (http://onguardonline.gov/). Please note
that we do not endorse any of the products or services
identified on such sites.
ACCESS AND INTERFERENCE.
You are responsible for obtaining at your own expense,
all equipment and services needed to access and use the
Website and Services, including all devices, internet
browsers and internet access. If you access the Website
or a Website application through a mobile or wireless
device, you are responsible for all fees that your carrier
may charge you for data, text messaging and other wireless
access or communications services.
You agree that
you will not use any robot, spider, scraper or other automated
means to access the Website for any purpose without our
express written permission. Additionally, you agree that
you will not: (i) take any action that imposes, or may
impose in our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (ii) interfere or attempt
to interfere with the proper working of the Website or
any activities conducted on the Website; or (iii) bypass
any measures we may use to prevent or restrict access
to the Website.
FORCE MAJEURE.
We shall not be responsible for damages or for delays
or failures in performance resulting from acts or occurrences
beyond their reasonable control, including, without limitation:
fire, lightning, explosion, power surge or failure, water,
acts of God, war, revolution, civil commotion or acts
of civil or military authorities or public enemies, any
law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any
such government or legal body, or labor unrest, including
without limitation, strikes, slowdowns, picketing, or
boycotts, inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions
of other common carriers.
DISCLAIMERS
YOUR USE OF THIS WEBSITE AND THE SERVICES IS AT YOUR RISK.
THE CONTENT, FUNCTIONS, INFORMATION, MATERIALS, PRODUCTS
AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND SERVICES
ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER WE, NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY
OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES
PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE
MAY BE OUT OF DATE, AND NEITHER WE, NOR ANY OF OUR AFFILIATES
MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. LIMITATIONS OF LIABILITY.
WE DO NOT WARRANT THAT THE WEBSITE AND SERVICES,
ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT BY
US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES,
SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA
OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THE WEBSITE AND SERVICES,
ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE
AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT
OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE
THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT OF ANY
PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR THE
SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS
OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE
WEBSITE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT
YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF
SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE
WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO
SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR OTHERWISE
EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00)
OR (B) THE AMOUNT YOU HAVE PAID FOR SERVICES IN THE PRECEDING
SIX (6) MONTHS OF YOUR CLAIM. INDEMNIFICATION.
You agree to defend, indemnify and hold us, our officers,
directors, employees, agents, licensees, successors and
assigns, and any affiliated company or individual harmless
from any and all claims, liabilities, losses, damages,
costs, and expenses, including reasonable attorneys’ fees,
related to or in connection with (i) your breach or violation
of any term of this Agreement, including without limitation,
your breach of any of the representations and warranties
above; (ii) your violation of any third party right, including
without limitation any right of privacy, publicity rights
or intellectual property rights; (iii) your violation
of any law, rule or regulation of the United States or
any other country; (iv) any claim for damages that arise
as a result of any content that you place or post on the
Website; or (v) any other party’s access and use of the
Website with your unique username, password or other appropriate
security code. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you will
not in any event settle or otherwise dispose of any matter
without our prior written consent.
DISPUTES; ARBITRATION.
EXCEPT AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING
ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN
A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND
(C) BRING AN ACTION AGAINST US IN A COURT OF LAW. YOU
MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST US IN ANY
JURISDICTION IN THE UNITED STATES. YOU AGREE THAT ANY
DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY
ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED
OR REPRESENTATIVE ACTION.
Any Claim relating to
the use of the Website and Services and/or in your requesting
us to contact you about Services, is governed by the laws
of the state of Delaware. A “Claim” is any case, controversy,
dispute, tort, disagreement, lawsuit, legal action, or
claim now or hereafter pending between you and us, including
but not limited to any alleged state or federal statutory
violation, or any dispute over the interpretation of the
Terms of Use or the arbitrability of any Claim pursuant
to the Terms of Use.
Any Claim now or hereafter
pending between you and us relating in any way to your
use of the Website or any Services shall be resolved by
binding arbitration as described in this section, rather
than in court, except that (i) you may assert claims in
a small claims court located in the state of Delaware
if your claims qualify and (ii) you or we may bring suit
in any state or Federal court in Delaware, submitting
to the jurisdiction of such court and waiving our respective
rights to any other jurisdiction, to enjoin infringement
or other misuse of intellectual property rights. The parties
understand and agree that either party may bring claims
against the other only in his/her or its individual capacity
and not as a class member in any purported class or representative
proceeding. Further, the parties agree that the arbitrator
may not consolidate proceedings of more than one person’s
claims, and may not otherwise preside over any form of
representative or class proceeding.
There is no
judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on
an individual basis the same damages and relief as a court
(including injunctive and declaratory relief or statutory
damages), and must follow the provisions of these Terms
of Use as a court would. To begin an arbitration proceeding,
you must send a letter requesting arbitration and describing
your claim to beastcreditmonitoring.com, Attn: Business
& Legal Affairs; [email protected].
GENERAL PROVISIONS.
If any provision of these Terms of Use are held to be
invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. You agree
that these Terms of Use and all incorporated agreements,
including membership and other related client agreements,
may be automatically assigned by us in our sole discretion.
Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent
of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree
that any cause of action arising out of or related to
the Website, Services or these Terms of Use must commence
within one year after the cause of action arose; otherwise,
such cause of action is permanently barred. All provisions
in these Terms of Use regarding representations and warranties,
indemnification, disclaimers, and limitation of liability
will survive the termination of this Agreement. If any
provision of these Terms of Use are in conflict with any
term or condition as set forth in a membership or other
client related agreement, the terms and conditions of
the membership or client related agreements shall control.
PRIVACY
We may collect, process and transmit certain data obtained
from and about you in the course of your accessing the
Website or during a phone consultation, including information
collected in the course of an abandoned transaction. We
maintain the privacy of your information as set forth
in our Privacy Policy and we process your personal data
in compliance with all relevant laws and codes of practice.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
NOTICE.
In operating the Website, we may act as a “services provider”
(as defined by DMCA) and offer services as an online provider
of materials and links to third party websites. As a result,
third party materials that we do not own or control may
be transmitted, stored, accessed or otherwise made available
while using the Website. We have in place certain legally
mandated procedures regarding allegations of copyright
infringement occurring on the Website. We have adopted
a policy that provides for the immediate removal of any
content or the suspension of any user that is found to
have infringed on our rights or of a third party, or that
has otherwise violated any intellectual property laws
or regulations, or any of the terms and conditions of
these Terms of Use. If you believe any material available
via the Website or Services infringes, specifically or
generally upon a copyright, you should notify us using
the notice procedure for claimed infringement under the
DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously
to remove or disable access to the material claimed to
be infringing upon said copyright, and will follow the
procedures specified in the DMCA to resolve the claim
between the notifying party and the alleged infringer
who provided the Content. We may give notice to our users
of any infringement notice by means of a general notice
on any of our websites, electronic mail to a user’s e-mail
address in our records, or by written communication sent
by first-class mail to a user’s physical address in our
records. If you receive such an infringement notice, you
may provide counter-notification in writing to the designated
agent that includes the information below. Our designated
agent (i.e., proper party for notice) to whom you should
address infringement notices under the DMCA is [email protected].
SOFTWARE TERMS
The following additional terms apply to any software
(including any updates or upgrades to the software
and any related documentation) that we make
available to you from time to time for your use in
connection with the Website and Services (the
“Software”):
CONTACT INFORMATION.
If you do not understand any of the foregoing Terms of
Use or if you have any questions or comments, we encourage
you to contact us viaS written correspondence to: [email protected]
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Codes, California residents are
entitled to additional specific consumer rights information.
To file a complaint regarding the Services or to receive
further information regarding use of the Services, including
to cancel your Services, please contact us at beastcreditmonitoring.com,
300 Delaware Ave. Suite 210 #503 Wilmington, DE 19801,
or call us toll free at (844) 786-8060, or email us at
[email protected]. You may also contact the
Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs in writing
at 400 R Street, Suite 1080, Sacramento, California 95814,
or by telephone at 916.445.1254 or 800.952.5210.
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