Terms and Conditions
Terms of Use Agreement
Updated February 17, 2022
(Please note that our Terms of Use Agreement is also referred to as the "Terms and Conditions")
OVERVIEW AND ACCEPTANCE OF TERMS
THE SERVICES& CONSENT
WARRANTY DISCLAIMER
LIMITATION OF LIABILITY
CONSENT FOR ELECTION SIGNATURES, RECORDS AND DISCLOSURE ("E-CONSENT")
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
OVERVIEW AND ACCEPTANCEOF TERMS
These Terms govern theuse of the iSoftpull credit report requisition service (the “Service”) byindividuals seeking to be granted credit (“Applicants,” “you,”) with our customer.
You agree that byaccessing or using our Service, website(s) (such as this website as well as anycontent provided or accessible in connection with the website(s) or mobileapplication(s), including information, user interfaces, source code, reports, images,products, services, and data (each website and mobile application referred toherein as a "Website," and collectively, as "Websites"),you represent to ISOFTPULL that you have read, understood, and expresslyconsent and agree to be bound by these Terms of Use.
You may not use or enrollin any Services, and you may not accept this Agreement, if you are not of alegal age to form a binding contract with ISOFTPULL. If you accept thisAgreement, you represent that you have the capacity to be bound by it. Beforeyou continue, you should print or save a local copy of this Agreement for yourrecords.
This Agreement may beupdated from time to time. You should check this Website regularly for updatesto this Agreement. Each time you order, access or use any of the Services orWebsites, you signify your acceptance and agreement, without limitation orqualification, to be bound by the then current Agreement. Modifications takeeffect as soon as they are posted to this Website (or any of the Websites, tothe extent applicable to you), delivered to you, or reasonably made availableto you in writing by ISOFTPULL.
THE SERVICES & CONSENT
You understand and agreethat by using the Service, you have provided "written instructions"in accordance with the Fair Credit Reporting Act, as amended("FCRA"), for ISOFTPULL to obtain your credit report and/or creditscore(s) and, pursuant to such authorization, to convey such to our Customer sothat they may determine whether to extend you credit.
While ISOFTPULL usesreasonable efforts to present the most accurate information, ISOFTPULL does notcontrol or compile your credit report and is not responsible for its content,nor is it responsible for the accuracy or reliability of any informationcontained therein.
TERRITORIAL RESTRICTIONS
Unless otherwisespecified, the Services made available through the Websites are intended foruse by U.S. consumers only. We make no representations or warranties that theinformation, products or services provided through the Services or the Websitesare appropriate for access or use in other jurisdictions.
Recognizing the globalnature of the Internet, however, you agree to comply with all local lawsincluding, without limitation, laws about the Internet, data, email, export, orprivacy. Specifically, you agree to comply with all applicable laws regardingthe transmission of technical data exported from the U.S. and the country inwhich you reside. Notwithstanding the above, we reserve the right to limit theavailability of the Services or the provision of any Services to any person,geographic area, or jurisdiction, at any time and in our sole discretion.
PERSONAL INFORMATION
ISOFTPULL may use yourpersonal information to the extent necessary to authenticate your identity,process your order or request for, and provide, the Services to you, as well asfor quality assurance, account and business maintenance, and such otherbusiness uses in accordance with applicable law.
WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTANDAND AGREE THAT YOUR USE OF THE SERVICES AND WEBSITES IS AT YOUR SOLE RISK. ALLSERVICES AND WEBSITES ARE PROVIDED ON AN "AS IS" OR "ASAVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ISOFTPULL(AND ITS AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES ORGUARANTEES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITEDTO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICESAND WEBSITES OR OTHER MATERIALS YOU MAY RECEIVE FROM ISOFTPULL DO NOTCONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. ISOFTPULL (ANDITS AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT (I) THE SERVICES AREACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTSTHAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREETHAT ISOFTPULL WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAYCONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SERVICES OR WEBSITES,OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY WEBSITEOR LINKED WEBSITE, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF ISOFTPULLHAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THOSE DAMAGES.SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSIONOR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESEJURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THEMAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OFTHE FOREGOING, YOU AGREE IN ANY EVENT THAT ISOFTPULL'S TOTAL LIABILITY TO YOUFOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN)FROM ISOFTPULL'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLECLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ISOFTPULL FOR THE SERVICESDURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THELIABILITY.
CONSENT FOR ELECTION SIGNATURES, RECORDS AND DISCLOSURE("E-CONSENT")
Please read thisinformation carefully and print a copy and/or retain this information forfuture reference.
Introduction. In order to provide you with creditopportunities available through third party lending platforms, includingprequalified credit and personal loan offers, such third party lendingplatforms may need your consent to use and accept electronic signatures,records, and disclosures ("E-Consent"). This form notifies you ofyour rights when receiving electronic disclosures, notices, and information. Byassenting to this Terms of Use Agreement, you acknowledge that you receivedthis E-Consent and that you consent to conduct transactions using electronicsignatures, electronic disclosures, electronic records, and electronic contractdocuments ("Disclosures").
Option for Paper orNon-Electronic Records. Youmay request any Disclosures in paper copy by contacting the third party lendingplatforms directly. The lending platforms will provide paper copies at nocharge. The lending platforms will retain all Disclosures as applicable lawrequires.
Scope of Consent. This E-Consent applies to allinteractions online concerning you and the third party lending platforms andincludes those interactions engaged in on any mobile device, including phones,smart-phones, and tablets. By exercising this E-Consent, the third partylending platforms may process your information and interact during all onlineinteractions with you electronically. The lending platforms may also send younotices electronically related to its interactions and transactions.Disclosures may be provided online at our or third party lending platforms'websites, and may be provided by e-mail.
Consenting to Do BusinessElectronically. Before you decideto do business electronically with the third party lenders, you should considerwhether you have the required hardware and software capabilities describedbelow.
Hardware and SoftwareRequirements. To access andretain the Disclosures electronically, you will need to use the followingcomputer software and hardware: A PC or MAC compatible computer or other devicecapable of accessing the Internet, access to an e-mail account, and an InternetBrowser software program that supports at least 128 bit encryption, such asMicrosoft® Internet Explorer, Netscape® or MozillaFirefox®. To read some documents, you may need a PDF file readerlike Adobe® Acrobat Reader X ® or Foxit®.You will need a printer or a long-term storage device, such as your computer'sdisk drive, to retain a copy of the Disclosures for future reference. You maysend any questions regarding the hardware and software requirements directly tothe third party lending platforms.
Withdrawing Consent. Your E-Consent with respect toDisclosures about credit opportunities, including prequalified credit andpersonal loan offers submitted through ISOFTPULL for our third party lendingplatforms' consideration of your offer request cannot be withdrawn because itis a one-time transaction. If you are matched with one or more third partylending platforms, you are free to withdraw your E-Consent with those thirdparty lending platforms at any time and at no charge. However, if you withdrawthis E-Consent before receiving credit, you may be prevented from obtainingcredit from the lending platforms. Contact the third party lending platformsdirectly if you wish to withdraw this E-Consent. If you decide to withdraw thisE-Consent, the legal effectiveness, validity, and enforceability of priorelectronic Disclosures will not be affected.
Change to Your ContactInformation. You should keepthird party lending platforms informed of any change in your electronic addressor mailing address. You may update such information by logging into the thirdparty lending platform's website or by sending the lending platform a writtenupdate by mail.
CONSENT. BY AGREEING TO THIS TERMS OF USEAGREEMENT AND/OR USING ANY SERVICE OFFERING CREDIT OPPORTUNITIES, INCLUDINGPREQUALIFIED CREDIT AND PERSONAL LOAN OFFERS, YOU ASSENT TO THE E-CONSENTTERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONICSIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOUCONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADEAVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE LENDINGPLATFORMS ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OFTHE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NOCHARGE. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES ISREQUIRED TO RECEIVE SERVICES FROM THIRD PARTY LENDING PLATFORMS OVER THEINTERNET.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
ISOFTPULL offers accessto your credit report, FICO® Score, and other creditinformation. ISOFTPULL is not a credit repair organization, and is not offeringto sell, provide or perform any service to you for the express or impliedpurpose of either improving your credit record, credit history or credit ratingor providing advice or assistance to you with regard to improving your creditrecord, credit history or credit rating. You acknowledge and agree that you arenot seeking to purchase, use, or access any of the Service and Websites (or anycontent in the Websites) in order to do so.
Accurate adverseinformation on your credit report cannot be changed. If you believe that yourcredit report contains inaccurate, non-fraudulent information, it is yourresponsibility follow the appropriate procedures for notifying ISOFTPULL and/orits customers that you believe that your credit report contains an inaccuracy.Any information provided to you regarding the procedures followed related tothe removal of inaccurate, non-fraudulent information is provided without chargeto you and is available for free. Any such information is not included as partof your credit score monitoring product but is provided free of charge to allconsumers, regardless of whether they are customers of the credit scoremonitoring product.
INTELLECTUAL PROPERTY
The Services and Websites(including mobile applications), as well as any compilations (includingcollections, arrangements, and/or assemblies) of the information specific to ISOFTPULLcontained in the Services and/or Websites are the property of ISOFTPULL and areprotected by copyrights, trademarks, service marks, patents, and/or otherproprietary rights. ISOFTPULL grants you a fully revocable, limited,non-exclusive, non-transferable license to use the Services, and Websites,according to the terms and conditions contained herein. Except as expresslycontemplated by this Agreement, you shall not (a) distribute, publish, transmitor disseminate, in any form or by any means any part of the Services orWebsites, (b) allow any third party to access the Services or Websites, (c)sell, sublicense, resell or otherwise transfer any of the Services or Websites,(d) reverse engineer or reverse compile any of the Services or Websites, ortechnologies used therein, (e) use any robot, spider, deep-linking or otherprocess or tool, whether manual or automatic, to access, monitor, retrieve,data mine, reproduce or circumvent any portion of the Services or Websites, or(f) use the Services or Websites for anything other than your own personal use.You acknowledge and agree that ISOFTPULL's name, the ISOFTPULL Logo, PageHeaders and other terms, phrases, graphics, logos, and icons are common law orregistered trademarks, service marks, and/or trade dress of ISOFTPULL or itssuppliers/affiliates (collectively "Marks"). You agree you will notuse any such Marks for any purpose without the appropriate prior writtenauthorization. ISOFTPULL Marks may not be used in connection with any Serviceor Websites that are not ISOFTPULL's, in any manner that is likely to causeconfusion among customers, or in any manner that disparages or discredits ISOFTPULLor its affiliates. All other trademarks, product names, or logos not owned by ISOFTPULLthat appear on the Websites are the property of their respective owners. All contentincluded on the Websites, such as text, graphics, logos, button items, icons,images, data compilation, is the property of ISOFTPULL or its suppliers and isprotected by United States and international copyright laws. You further agreethat any derivative works, improvements, inventions or works developed by youbased upon or relating to the Services or Websites of ISOFTPULL that involve abreach of these Terms of Use shall be owned by ISOFTPULL, and you hereby assignand agree to assign to ISOFTPULL such derivative works, improvements,inventions or works. All software used on this site, and in other Services andWebsites, is the property of ISOFTPULL or its software suppliers and isprotected by United States and international copyright laws. Reproduction,preparation of derivative works, and distribution of copies of such content, inwhole or in part, is prohibited without prior consent.
MISCELLANEOUS
This Agreement (includingthe Privacy Policy and other policies ISOFTPULL may post from time to time andany terms which are incorporated by reference herein or hereinafterimplemented) constitute the entire Agreement between ISOFTPULL and you inconnection with your account with ISOFTPULL, or access or use of any Service orWebsite, and supersede any prior versions of the terms and conditions, ifapplicable. ISOFTPULL may update these terms and conditions from time to time.No waiver of any breach of any provision of this Agreement will constitute awaiver of any prior, concurrent, or subsequent breach of the same or otherprovisions. This Agreement is effective until terminated by ISOFTPULL. In theevent of termination or the expiration of your account with ISOFTPULL or youruse of the Services or Websites, Intellectual Property, Disclaimers, andLimitations of Liability provisions set forth in these terms and conditions, aswell as any other terms and conditions that, by their nature, should survivetermination, shall survive. In the event of a conflict between this Agreement,or any other notice, policy, disclaimer or other term contained in the Websitesor otherwise, this Agreement will control. If any provision is deemed to beunlawful or unenforceable, it will not affect the validity and enforceabilityof the remaining provisions. The section headings are for convenience only anddo not have any force or effect. ISOFTPULL may, in its sole discretion and atany time, change its corporate name, logo, Marks and other terms, phrases,graphics, logos, and icons associated with its common law or registeredtrademarks, service marks, and/or trade dress (collectively, ISOFTPULL's"Brand"), which will not impact the enforceability of this Agreement.In the event ISOFTPULL takes any action to change its Brand, ISOFTPULL willnotify you online, via e-mail, mail or through another means reasonablycalculated to give you notice of the change in Brand. In all events, anychanges to ISOFTPULL's Brand will be effective immediately, and the terms ofthis Agreement shall remain unaffected by the change in Brand unless expresslycontemplated through express revisions to this Agreement.
