These Terms of Service (“Terms”) govern your access to and use of the technology services, products,application and website (collectively, the “Services”) provided by Toggle Inc., an Iowa corporation,(“Toggle,” “we,” “us,” or “our”), so please read these Terms carefully before using the Services. TheseServices enhance logistics efficiency by providing users within the freight and shipping industry atechnology platform to engage in direct business to business contracting for the pickup, shipping, payment,and receipt of freight (“Transaction(s)”). References to “you” or “user” in these Terms means you, your duly authorised representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to “Toggle” shall be deemed to have been made to Toggle,Inc., its successors, assigners, and subsidiaries and affiliates, as well as any company that controls Toggle,directly or indirectly, and any other subsidiary of that controlling company.
Not all of the Services are available in all areas of the United States and you may not be eligible for them.We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, which incorporates the Privacy Policy by reference please do not access or otherwise use our Services or any information contained herein.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our Services and will apply to causes of action arising after the effective date of the change. You should continue to check the Services for changes. Your continued use of our Services or otherwise the Services following the posting of changes to these Term swill mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered User is a child under 18 years of age, we will cancel that User’s account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorised to enter into an agreement on behalf of that legal entity and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
In order to use the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by any third party in connection with the Services. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play’s or App Store’s terms and policies) when using the Services, including the Services. You acknowledge that Google Play and/or App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do not rely on our Services for your financial decisions. The content on the Toggle website, Services and other content is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any content or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any Transaction.
TOGGLE IS A TECHNOLOGY SERVICE PROVIDER. AND IS NOT A FINANCIAL INSTITUTION.THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. TOGGLE FACILITATES BUSINESS TO BUSINESS TRANSACTIONS BETWEEN USERS IN A TRANSACTION.THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, AS SUCH: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS. PLEASE READ SECTION_______ CAREFULLY.
BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR ENGAGING IN A TRANSACTION, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE.
Certain features of the Services, including, without limitation, creating and or accepting a Transaction, mayobligate you to make certain payments. Unless stated otherwise in the Bill of Lading Terms and Conditions,when paid by you, these payments are final and non-refundable, unless otherwise determined by Toggle.Toggle, in its sole discretion may offer credits or refunds on a case-by-case basis including but not limited to, by way of example, claims for damage or loss, in the event of an error with your shipment, or in the amounts you were charged.
Toggle will charge, and you authorize Toggle to charge, the payment method you specify. If you pay anyamounts with a credit card, Toggle may seek pre-authorization of your credit card account prior to yourpurchase to verify that the credit card is valid and has credit available for your intended purchase. In theevent Toggle advances payment for any of your orders placed via the Services Toggle may separately sendyou invoices for payment of those advanced amounts. In the event that you fail to pay such invoices whendue pursuant to the terms of a Transaction (the “Payment Due Date”), you grant Toggle the right, but notthe obligation, to charge the credit card you provide with your Account at any time after any Payment DueDate, unless prohibited by law. In all events, you are required to provide another form of payment to submitan order, even if this payment method is not charged.
Toggle reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for anyor all services or goods obtained through the use of the Services for any Accessorial Charges, and furtherreserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed forany Transaction.
The provider of Services is set forth herein. If you are a California resident, in accordance with Cal. Civ.Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs by contacting them in writing at 1625 NorthMarket Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You may be permitted to or asked to submit information as part of your use of the Services. You expresslyrepresent and warrant: (a) that you have the authority to provide Toggle with all such information; (b) thatall such information may be used by Toggle for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, suchthat the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Services.
Subject to these Terms and our policies (including policies made available to you with the Services), wegrant you a limited, non-transferable, non-exclusive, and revocable permission to access and use ourServices, and engage in Transactions, provided that: (i) You will not copy, distribute or modify any part ofthe Services without our prior written authorization; (ii) You will not send unsolicited or unauthorizedadvertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains softwareviruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networksconnected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or theContent you access (other than your User Content), which shall remain with us and our respective licensor.
Using our Services does not give you ownership of any intellectual property rights in our Services or theContent you access (other than your User Content), which shall remain with us and our respective licensor.
Certain software code incorporated into or distributed with the Services or otherwise with theServices may be licensed by third parties. Notwithstanding anything to the contrary in these Terms,the Software is not licensed under these Terms and instead is separately licensed pursuant to theterms and conditions of their respective software licenses. Per these licenses, you may find therequired notices here:
Open-Source Software
Certain software code incorporated into or distributed with the Services or otherwise with theServices may be licensed by third parties under various “open-source” or “public-source” softwarelicenses (collectively, the “Open-Source Software”). Notwithstanding anything to the contrary inthese Terms, the Open-Source Software is not licensed under these Terms and instead is separatelylicensed pursuant to the terms and conditions of their respective open-source software licenses.You agree to comply with the terms and conditions of such open-source software licenseagreements. You can find a list of our current third-party providers here:
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, areand will remain the exclusive property of Toggle and its applicable licensors. We reserve all rights notexpressly granted in and to the Services.
In order to access the Service, and engage in Transactions, you will have to create a user account. Youhereby represent and warrant that the information you provide to Toggle upon registration (includinginformation provided through your Linked Accounts, as defined below) (collectively, your “AccountInformation”), is true, accurate, current, and complete. You also hereby agree that you will ensure that thisAccount Information is kept accurate and up to date at all times
Toggle values and protects the privacy of your information. Please review Toggle’s Privacy Policy, as it contains important information relating to your use of our Services and Products.Some portions of the Site and Products are protected and require a user identification code (“User ID”) and password for access. Unauthorised access or use of such portions of the Services is prohibited. You agree that you will notify Toggle immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorised access or use may occur or has occurred. Notify Toggle via email at [email protected]. For your protection, if Toggle believes that any unauthorised access may occur or has occurred, Toggle may terminate your account access without prior notice to you. You also agree that Toggle is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorised by you.
General
The Service may request that you submit content such as text, photos, audiovisual content, and other mediacontent (“User Content”). By providing User Content to Toggle, you are granting Toggle a license to usethe User Content in order to make it available through the Service.
License Grant by You to Toggle
By uploading User Content, you are granting Toggle a license to display, perform and distribute your UserContent and to modify (for technical purposes), and reproduce such User Content to enable Toggle tooperate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable,and include a right for Toggle to make such User Content available to, and pass these rights along to, otherswith whom Toggle has contractual relationships related to the provision of the Toggle Service, solely forthe purpose of providing such services, and to otherwise permit access to or disclose your User Content tothird parties if Toggle determines such access is necessary to comply with its legal obligations.
Submitted Ideas
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or otherproducts or services) to Toggle through the Services or through any other channel or mechanism(collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not containconfidential or proprietary information; (ii) Toggle is not under any obligation of confidentiality, expressor implied, with respect to the Contributions; (iii) Toggle shall be entitled to use or disclose (or choose notto use or disclose) such Contributions for any purpose, in any way; (iv) Toggle may have something similarto the Contributions already under consideration or in development; (v) your Contributions automaticallybecome the property of Toggle without any obligation of Toggle to you; and (vi) you are not entitled to anyaccounting, compensation or reimbursement of any kind from Toggle under any circumstances.
You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any waythat might harm, damage, or disparage Toggle or any other party or user. Without limiting the precedingsentence, you agree that you will: (i) review and comply with these Terms, any term of a bill of ladingissues pursuant to any Transaction you engage in, and the Privacy Policy; (ii) comply with all applicablelaws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws,and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv)act honestly and in good faith.
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, includingcurrent and future Transaction related documents, provided to you in electronic form. Transaction relateddocuments include, but are not limited to:
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, includingcurrent and future Transaction related documents, provided to you in electronic form. Transaction relateddocuments include, but are not limited to:
We will use various methods to provide communications to you electronically, including via e-mail orthrough our website or the Services. Some of these options may require you to log-in to access theinformation.This consent, unless withdrawn, applies to all Transactions between you and Toggle. However, you havethe right to receive communications from us, in paper form if you wish by withdrawing this consent. If youwithdraw the consent to provide you with records in electronic form, you will then be provided with recordsin paper form at no charge.Hardware and Software Requirements: In order to receive, access, view, sign and retain electronictransmissions that we make available to you, you must have a personal computer or electronic device withinternet connectivity and each of the following:
iOS: A modern iPhone
Android: A modern Android phone
We will update you if there are any changes to the hardware or software requirements that could impactyour receiving or consenting to electronically delivered transmissions.
The Services may contain links to third-party websites, advertisers, services, special offers, or other eventsor activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorsethem, have no control over those websites, and assume no responsibility and/or liability for the content,privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or editthe content of any third-party site.
If you access any third party’s website, service, or content from our Services, you do so at your own risk.By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/orlicensors) from any and all liability arising from your use of any third-party website, information, materials,products, or services. Accordingly, we encourage you to be aware when you have left the Services and toread the terms and conditions and privacy policy of every website that you visit.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe isnecessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request;(ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, orotherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v)respond to user support requests; or (vi) protect our, our user’s’ or the public’s rights, property or safety.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE “AS IS.” YOUEXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND YOURENTERING INTO A TRANSACTION ARE ALL AT YOUR SOLE RISK. THE SERVICE ISPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENTPERMITTED BY LAW, TOGGLE EXPRESSLY DISCLAIMS ALL WARRANTIES ANDCONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. (b) TOGGLE DOES NOTWARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THESERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALLERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIALDOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONEAT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROMTHE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOGGLE OR THROUGH OR FROMTHE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOGGLE, ITS SUBSIDIARIES,AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES,AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUTNOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OROTHER INTANGIBLE LOSSES (EVEN IF TOGGLE HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THESERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OFYOUR TRANSMISSIONS, USER CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANYTHIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TOTHE OPERATION OF THE SERVICE; (iv) TOGGLE’S ACTIONS OR OMISSIONS IN RELIANCEUPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICESRECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANYPASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THETERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS;OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUTLIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOUAGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOTIN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OFTHE AMOUNT (IF ANY) PAID BY YOU TO TOGGLE IN THE 6 MONTHS IMMEDIATELYPRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESETERMS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TOEXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOTBE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OREXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS,NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTALOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHERLIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOUAND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Toggle reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in anymanner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successorthereof or to any third party whatsoever, without notifying you or receiving your consent. You shall nottransfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligationsunder these Terms.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners,officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages,obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:(i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right,including without limitation any copyright, property, publicity or privacy right; including all actions takenunder your account, or (iv) that arise from any information you provide being false, inaccurate, obsolete,or incomplete. This defense, hold harmless, and indemnification obligation will survive any termination ofthese Terms and your use of the Services.
These Terms and your use of the Site are governed in all respects by the laws of the State of Iowa, withoutgiving effect to any principles of conflicts of laws. Any dispute concerning the Services, any Transaction,these Terms, or our Privacy Policy shall be subject to the exclusive venue of a court of competentjurisdiction in Des Moines, Polk County, Iowa.
PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTTHAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASEDUPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THESE TERMS ORANY INDIVIDUAL TRANSACTION OR THE PERFORMANCE OF SERVICES BY CARRIERHEREUNDER.ALL CONTROVERSIES AND CLAIMS ARISING UNDER OR RELATING TO YOUR USE OF THESERVICES SHALL BE RESOLVED BY ARBITRATION. THE ARBITRATION SHALL BEADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND IS TO BECONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THEAMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE HELD BEFORE APANEL OF THREE ARBITRATORS, EACH OF WHOM SHALL BE INDEPENDENT OF THEPARTIES. NO LATER THAN 15 DAYS AFTER THE ARBITRATION BEGINS, EACH PARTYSHALL SELECT AN ARBITRATOR AND REQUEST THE TWO SELECTED ARBITRATORS TOSELECT A THIRD NEUTRAL ARBITRATOR. THE ARBITRATION SHALL BE CONDUCTED INDE MOINES, POLK COUNTY, IOWA. THE ARBITRATORS ARE TO APPLY IOWA LAW,WITHOUT REGARD TO ITS CHOICE OF LAWS PRINCIPLES. THE ARBITRATORS MAY AWARDCOSTS AND ATTORNEYS FEES TO EITHER PARTY. THE ARBITRATORS’ AWARD SHALL BEFINAL AND BINDING UPON THE PARTIES, UNLESS VACATED OR MODIFIED UPON MOTIONTO A COURT OF COMPETENT JURISDICTION, AND JUDGEMENT MAY BE ENTERED ON THEAWARD BY THE DISTRICT COURT OF POLK COUNTY, IOWA OR THE UNITED STATESDISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA, OR SUCH OTHER COURT ASMAY HAVE JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER. EACH PARTCONSENTS TO THE JURISDICTION OF THE DISTRICT COURT FOR POLK COUNTY IOWA ANDTHE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA FOR PURPOSES OF NAY PROCEEDINGS TO CONFIRM, VACATE, MODIFY, OR AMEND THE AWARD.
It is Toggle’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code,Section 512, including, without limitation, responding to notices of alleged copyright infringement, another applicable intellectual property laws. Toggle shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Toggle and/or others.Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to Toggle’s designated agent. Toggle’s designated agent contact information is set forth below:
Address of designated agent to which Notification should be sent:
Toggle, Inc.
2323 Grand Ave, Suite 215
Des Moines, IA 50312
Attention: Webmaster
Email address of designated agent: [email protected]
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must includethe following:
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuantto Title 17, United States Code, Section 512:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification byproviding a written communication (“Counter Notification”) to Toggle ‘s designated agent that includessubstantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, andpursuant to Title 17, United States Code, Section 512:
We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms,together with the Privacy Policy, and any specific obligation of any Transaction you engage in, alongwith any other legal notices published by us on the Services, shall constitute the entire agreementbetween us concerning the Services. If any provision of these Terms the Privacy Policy, and anyspecific obligation of any Transaction you engage in is deemed invalid by a court of competentjurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions ofthese Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall bedeemed a further or continuing waiver of such term or any other term, and a party’s failure to assert anyright or provision under these do not constitute a waiver of such right or provision.
You represent and warrant that:
In connection with the Services, we may review your credit report, based on information contained in that report. We will not review your credit report in states where this is prohibited. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
In connection with the Services, we may review your credit report, based on information contained in that report. We will not review your credit report in states where this is prohibited. Typical items from a credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies, and foreclosures.
These Terms of Service will be updated as necessary from time