Terms and Conditions
Welcome to MyCreditCardGuru.com (the "Site"). This following Agreement terms and conditions govern the access and usage of our services (the "Web Services") and the materials available therein ("Materials").
Please read this Agreement carefully before accessing or using our Web Services and the Materials. By accessing or using the Web Services and Materials, you agree to be bound by the terms and conditions set forth below. If you don't have the legal authority to bind, please do not register with us. If you utilize the Web Services in a manner inconsistent with these terms and conditions, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. The Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Web Services and Materials shall be deemed your conclusive acceptance of the modified Agreement.
Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or presented to you through this Site ("Content"), is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, "Intellectual Property Rights"). You are only permitted to use Content as expressly authorized herein or in writing by the Site owner ("Company"). These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Company and its third party advertisers and affiliates retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without Company's permission. Requests for such permission should be made to Suport. Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party's Intellectual Property Rights. All rights not expressly granted herein are reserved.
We rely on our users providing accurate registration information so we and our Marketing Partners can connect with and market to our users. If your registration information (name, postal address, email address) does not match the information you have registered with, we reserve the right to disqualify you. In some situations, our system may pre-populate inaccurate registration information. If this happens, please contact us here and provide us the correct information so we can update the system.
You cannot complete Offers using a bot or other automated means of signing up or otherwise tamper with our system or attempt to defraud us by using multiple email addresses or other means or otherwise “game” the Program to circumvent the limitations described above. You also cannot use a link to an our Website provided by another person or one obtained outside of our normal marketing channels such as a YouTube video or gaming site or reuse a link that you previously used to claim an Incentive. We may also disqualify you If you access an our Website ‘mid-path’ and/or by skipping the registration. If we reasonably believe you are attempting to do so, we may void all of your attempts to earn for an Incentive.
Company may change these Terms from time to time, without prior notice, by posting the modified Terms on the Site, which may be accessed by clicking the "Terms and Conditions" link at the bottom of the homepage. Your continued use of this Site following any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modification, or become dissatisfied with the Site in any way, your sole recourse is to immediately terminate your use of the Site.
Company reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. These Terms shall survive termination of these Terms or your right to access to the Site. You acknowledge and agree that Company shall not be liable to you or any third party in the event that it exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
If material is believed in good faith by Company to infringe a copyright or otherwise violate any intellectual property rights, Company will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with Company's copyright agent, identified above. You may want to seek independent legal counsel before filing a notification or counter-notification.
Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the Marketing Partners. Your consent simply allows you to be contacted via these means. If you provide consent, we and any of the Marketing Partners may send you SMS messages from their short codes or long codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help or Contact Us. Carriers are not responsible for delayed or undelivered messages.
To the fullest extent permissible pursuant to applicable law, the site and all content, materials, information, products and services provided on the site, are provided on an "AS IS" and "AS AVAILABLE" basis. Company expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, integration, non-interference with enjoyment, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that: (A) The site will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basic; (B) The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (C) The results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable; (D) The quality of any products, services, information, or other material obtained by you through the site will meet your expectations; or (E) That defects, if any, will be corrected.
You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the site us used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.
In no event shall Company be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for cost of procurement of substitute services, loss of profits, revenue, data, goodwill, or use, incurred by you or any third party, whether in an action in contract or tort (including negligence and strict liability), arising from your access to or inability to access, or use of, the site or any services provided in connection with the site, or otherwise resulting from: (1) The cost of procurement of substitute services, goods, or websites, (2) Unauthorized access to or alteration of your transmissions or data, (3) The statements or conduct of any third party on the site, or (4) Any other matter relating to the site, even if company was advised that such damages were likely ot possible. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment or system, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any force majeure. Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances. Accordingly, some of the foregoing limitations may not apply to you.
You agree to indemnify, defend and hold harmless Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of these Terms.
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
You agree that these Terms & Conditions constitute the agreement between us and that Illinois law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of Cook County, State of Illinois. You expressly waive any defense or objection to venue or personal jurisdiction.
If you have a dispute concerning any aspect of these Terms & Conditions, the Site, your participation in a Promotion, entitlement to an Incentive or a telemarketing call or SMS/text message you received from us or a Marketing Partner, you should first contact customer support on the our Website or complete a customer support ticket. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, or you chose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration Web by following the instructions at https://apps.adr.org/webfile/. If the claim is against us, you will need our mailing address to file Web. To obtain our mailing address, contact us by writing to suppport team.
Any claims you may have under the TCPA against us or any of the Marketing Partners will be subject to the Arbitration/Dispute Resolution provision below. If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Chicago, IL. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of the Terms & Conditions, including this provision, are unenforceable.
If you proceed to arbitration against us, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
These Terms contain a mandatory arbitration provision below that requires you to arbitrate individually any disputes or claims you may have with us and our affiliates, advertiser clients and marketing partners (collectively, “Marketing Partners”) who are third party beneficiaries of the mandatory arbitration provision. For example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims you may have regarding any telemarketing or SMS/text messages you receive are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on this Site.
You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.