We’re all about transparency
Date of Last Revision: April 30, 2020
The Services are provided for each user’s (whether they be consumers and financial professionals) (hereafter referred to as “Users”, “you” and “your”) personal use and are subject to these Terms and including all modifications thereto, and any other rules or guidelines that may be published from time to time. The Services are provided to Users as an informational service, but is not the sponsor, source, bank, financial institution or other provider of any goods or services offered by third parties shown or referenced within the content of the Services and Ournett makes no representations or warranties and has no control over the quality or availability of goods and services offered by third parties shown or referenced within or the accuracy of the claims made by any such third parties. To the extent you choose to visit with these third parties or purchase or otherwise transact with such third parties, you do so at your own risk.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR ANY CONTENT PROVIDED IN RELATION THERETO. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
As provided for below, Ournett reserves the right to modify the Services and any element thereof, without notice to you. You should periodically review the Terms for changes, as some changes may directly impact the way you use the Services. The date of the current version of these Terms is noted above. Your use of the Services following any modification to these Terms shall be deemed to be your assent to any such modifications.
WE DO NOT PROVIDE CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO “CLEAN UP” OR “IMPROVE” YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY MENTION OF THE WORD IMPROVE OR GOAL IS COINCIDENCE AND DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONE’S CREDIT RATING.
IMPORTANT DISCLOSURE: Ournett is not affiliated with the annual free credit report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies. To request your free annual report under that law, you must go to www.annualcreditreport.com or 877-322-8228, the ONLY authorized source under federal law.
Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law for a free credit report.
We are a neutral system and we do not instruct, advise, recommend or otherwise encourage you to take Actions directly with your Creditor. You are solely responsible for any Actions you take with your creditors.
2. Conditions for Use of the Services
As a condition to your visit and use of the Services, you represent and warrant that:
- You are at least 18 years of age and possess the legal authority to enter into an agreement and use the Services in accordance with these terms.
- All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false, or fraudulent information is prohibited).
- You understand that abuse of the Services may result in your being denied access to such Services, as determined by Ournett in its sole discretion.
- You understand and agree that you will not:
- Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our Users or Services or any portion thereof;
- Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any of the Services;
- Resell, assign, sublicense, or otherwise transfer, or delegate your rights or obligations under these Terms without the prior written authorization from Ournett;
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit the Services without prior written authorization from Ournett;
- Use the Services for any purpose in violation of local, state, national, international laws or regulations;
- Use the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to Ournett, and any other users or third party;
- Circumvent any measures implemented by us aimed at preventing violations of these Terms.
Except as otherwise expressly permitted, Ournett reserves the right to terminate a User account in the event that such User provides false or misleading registration information or otherwise violates these Terms (as determined by Ournett in its sole discretion). Your status as a registered User creates only a customer relationship with Ournett and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
3. Membership Terms & Conditions and Membership Information Statement
Once you enroll in Membership, you may cancel your Membership at any time during your trial (if applicable), without any penalty or obligation. After your trial (if applicable), you agree to pay any accumulated, unbilled charges through the date of your cancellation – at the time of your cancellation.
* These features are only available for paid memberships. Free membership may not include these features.
What if I have Questions?
If you are not a Member or need help enrolling in your Membership. You can also go to our web site and click on Contact Us.
For Members, please log in to your account, and then click Contact Us. There you can use our simple form which will help you contact us with your specific needs. For security purposes, we do not accept emails; please just use this form.
MEMBERSHIP OPTIONS AND PRICING
About a trial Membership (if applicable):
- Your trial days will be displayed during your Membership enrollment process, prior to you becoming a Member.
- You may cancel your account within your trial period without any obligation or cost to you.
- You will get full access to all the features of our product. However, the total number of Actions and Credit Score updates may be limited.
- We reserve the right to pause your credit monitoring if you have not logged in to your account in 90 days. Your credit monitoring will resume upon login. This only applies to those who are currently in a trial period.
- After your trial, your monthly Membership fees will be according to the Membership plan you have selected at enrollment. You may cancel and reactivate at any time. In some cases, certain Apps or third party partners may present you with offers that may require a fee. You are under no obligation to accept them.
About a Free Membership (if applicable):
- You may cancel your account without any obligation or cost to you.
- You will get full access to our product, however, the total number of Actions and Credit Score updates may be limited.
- We reserve the right to pause your credit monitoring if you have not logged in to your account in 90 days. Your credit monitoring will resume upon login. This only applies to those who are currently in a trial period.
We reserve the right to offer you different Membership plans at any time where the monthly charge, Actions per billing period and updates to your Credit Scores per billing period may be different than listed above.
Our prices are subject to change at any time. Prior to any price increase, we will give you notice, and you may cancel your Membership if you do not agree to the increase.
When you enroll in Membership our system may validate your method of payment to verify your identity and check for fraud. If you have not cancelled your Membership, we reserve the right to use an industry standard credit/debit card updater to update your method of payment should your current method of payment be lost, stolen or expired.
At the end of your trial period (if applicable) and if you have not cancelled your Membership, you will be charged your Membership fee according to the Membership plan you selected. Your billing period will begin once your trial period expires (‘bill date’). You will be billed once per month on the anniversary of your bill date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account.
If your method of payment for any charges described herein fails, you may lose access to your Membership.
We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards and frivolous use of our product or service offerings.
How does the Cancellation Policy work?
Canceling your Membership Account will immediately cease any additional charges. You agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. You may reactivate your account at any time.
Upon cancellation, you will lose access to the areas of the service designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that may have been displayed during your Membership.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) log in to your account.
Grant of Limited Power of Attorney.
You, the Member, hereby grant Ournett, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
You further grant to Ournett full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
Ournett, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to Ournett the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
To cancel this contract, simply log in to your account at Ournett.com.
Or, alternatively, you may also cancel this contract by mail. Please deliver a signed and dated copy of this cancellation notice, or any other written notice, to: Ournett – Gleason & Koatz, LLP | 122 East 42nd Street, Suite 620, New York, New York 10168 | T: 212-986-1544 | F: 212-986-1379 | firstname.lastname@example.org .
[ ] I hereby cancel my contract, and am within my five-day right to cancel.
[ ] I hereby cancel my contract.
Print Name________________________________________________ [required]
User Name_________________________________________________ [required]
Email you used to sign up________________________________ [required]
Date of Birth_____________________________________________ [required]
Telephone (may be used to verify your identity and your intent to cancel) (_____) ____________
Reason for cancellation_____________________________________________
Signature [required]:__________________________________________ Date:___________
Please print the above cancellation notice form, complete, sign, date it and mail to Ournett – Gleason & Koatz, LLP | 122 East 42nd Street, Suite 620, New York, New York 10168 | T: 212-986-1544 | F: 212-986-1379 | email@example.com
- Premium Services (Including Recurring Charges and Cancellation)
Ournett offers various premium advertising and marketing services to Users (“Premium Service”). By participating in the Premium Service, you agree to pay Ournett the dollar amount specified at the time of your purchase. Payments for Premium Service will be charged as either a one-time fee, multiple payments, or as a recurring subscription fee, and may or may not include a free trial period.
To the extent you purchase any options with a recurring subscription fee, the subscription fee will be charged immediately, or at the end of the free trial period, whichever applicable, to the credit or debit card you provide to Ournett and then on a recurring monthly basis until you cancel the Premium Service. You acknowledge that Ournett reserves the right to change the recurring subscription fee amount upon thirty (30) days advance written notice. You may cancel the Premium Service involving recurring changes by e-mailing Ournett at team@Ournett.com.
If your payment method fails, Ournett reserves the right to suspend or terminate your Premium Service. Suspension or termination of your Premium Service does not absolve you from paying the Premium Service fees, and you agree to immediately provide Ournett with an alternative payment method and pay all past due amounts.
5. Cancellation and Refunds
Premium Service fees, whether paid as a one-time fee, as multiple payments, or as a recurring subscription, are not prorated or refundable upon cancellation. Premium Services that are billed on a recurring subscription basis must be canceled prior to the automatic recurring billing date in order to avoid being charged additional Premium Service fees. All Premium Service cancellations must be received via email to team@Ournett.com.
6. Information on the Services
Our Services display content that may or may not be created or developed by Ournett. This content is the sole responsibility of the person or entity that creates or develops it. Ournett assumes no responsibility or liability for such Content and makes no representations or warranties concerning the accuracy or quality of any underlying services or goods offered by third parties. We may review such third-party content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Ournett reviews a portion of the content that is published via the Services, but we do not guarantee the accuracy, adequacy or quality of any such content, or the qualifications of those posting it. Ournett makes no representation as to the completeness, accuracy or currentness of any information made available via the Services. All content shown, described or depicted via the Services is subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any content at a particular time does not imply or warrant that the content and its subject matter will be available at any time.
IMPORTANT CONSUMER NOTICES
Please read the following important consumer notices carefully.
WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: “ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US, OUR PRODUCTS, OR ANY CREDIT REPAIR/CARE SERVICE) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE.”
The Federal Trade Commission and some States’ Attorneys General regulate creditors, credit bureaus and credit care organizations. As a safe harbor statement please know: “You have the right to sue a credit services organization if it misleads you.”
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.
The credit data provided or requested through our product is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar 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. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency and/or the reporting creditor must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
YOU UNDERSTAND ANY ACTIONS YOU MAY TAKE DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR’S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR ACTION AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US TO COMMUNICATE WITH YOUR CREDITORS. YOU MAY COMMUNICATE DIRECTLY WITH YOUR CREDITORS FOR ANYTHING YOU WISH AT ANY TIME.
If, separately from using our product, you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation. Additionally, many of our product features you may perform on your own, such as our Actions. We are simply a neutral technology allowing consumers to communicate with their Creditors for whatever they need.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.
7. No Formation of Relationship with Ournett of Users
Information available through the Services, including but not limited to written articles, videos, infographics, images, calculators, opinions, comments, recommendations, answers, analysis, User referrals, or other financial tools (collectively, “Financial Content”), is intended for general informational purposes only and is not intended as financial, tax, or legal advice, nor does it create a fiduciary relationship between Users and Ournett. It is not a substitute for an in-person or telephone consultation with an appropriate financial professional in your jurisdiction with the expertise to address your specific financial issue, and you should not rely upon such Financial Content.
8. User Posted Content & Other Interactive Services or Areas
Ournett includes interactive areas in which Users may post content and information, including peer and client reviews, questions and answers, comments, photos, videos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to Ournett.
Users are solely responsible for the use of interactive features included in the Services and understand that you may be subject to internal compliance policies, as well as local, state, or federal regulating bodies. By using any interactive feature, you agree to comply with the Ournett Community Guidelines and assume all risk associated with your use. We reserve the right to remove or modify User Content for any reason including User Content that we believe violates these Terms or our policies.
When you post User Content to Ournett, you give Ournett and its Users and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such User Content is attached to a profile on the Ournett platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
OURNETT SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY FINANCIAL CONTENT OR USER CONTENT YOU ENCOUNTER ON OR THROUGH THE SERVICE, AND ANY USE OR RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
9. Professional Advertising and Communications
It is solely the responsibility of the User to ensure that any information or advertisements they post or place on the Service, and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of financial services and those regulating the form, manner or content of communications with clients, advertising, or other matters.
10. Intellectual Property
Except where expressly stated otherwise, Ournett or its licensors is the owner or the licensee of all intellectual property rights located via the Services, in the materials published or otherwise made available through the Services. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing made available via the Services may be construed to confer any license or ownership right in or materials published or otherwise made available through our Services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe any material made available through the Services constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder, or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by facsimile, electronic mail or first class mail, setting forth the following:
- a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf;
- detailed identification of the copyrighted work or trademark claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may file a DMCA Notice of Alleged Infringement with Ournett designated Copyright Agent:
Ournett Copyright Agent
Gleason & Koatz, LLP | 122 East 42nd Street, Suite 620, New York, New York 10168 | T: 212-986-1544 | F: 212-986-1379 | firstname.lastname@example.org
- Disclaimer of Warranty and Acknowledgements Regarding Use of Third Party Financial Information
While Ournett strives to provide useful financial information, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion.
OURNETT DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, OURNETT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” OURNETT ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO WARRANTY: THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE OR ACCESSIBLE VIA THE SERVICES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE.” WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OURNETT OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OURNETT, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION APPLIES TO ALL SERVICES OFFERED BY OURNETT, INCLUDING, WITHOUT LIMIATION, PREMIUM SERVICES.
You agree to defend, indemnify and hold harmless Ournett, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct in connection with the Services, your violation of these Terms or your violation of the rights of any third party.
14. Modification of Terms
Ournett, at its sole discretion, may revise these Terms from time to time, on a prospective basis, and will post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your user account email address). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms. If you do not agree to the modified terms, you must stop using the Services.
15. Governing Law & Exclusive Venue
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in the NY, the State of NY for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
16. Dispute Resolution
You and Ournett agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and us are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by JAMS (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration The Federal Arbitration Act will govern the interpretation and enforcement of this section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. (JAMS provides a form for the Demand for Arbitration via https://www.jamsadr.com/rules-download/). Arbitration Location and Procedure. Unless you and Ournett otherwise agree, the arbitration will be conducted in the County of NY in the State of NY.
Notwithstanding any of these Terms, Ournett reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Ournett reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
18. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, third-party content or third-party software. This Agreement does not alter in any way the terms or conditions of any separate agreement you may have with Ournett or its affiliates, for products, services or otherwise.
19. Waiver, Severability & Assignment
Ournett failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Ournett may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
20. Questions & Contact Information
If you have any questions regarding the use of the Services, please visit the FAQ section of the site. All other questions or comments about the Services or its contents should be directed to Customer Care via direct mail at Gleason & Koatz, LLP | 122 East 42nd Street, Suite 620, New York, New York 10168 | T: 212-986-1544 | F: 212-986-1379 | email@example.com
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Last Updated: April 30, 2020
- Third-Party Websites
Via the Services, we feature a wide range of advertising and promotional displays and links to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Services. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link on our website pages, is subject to that website’s own terms and policies. When you access a linked site, you may be disclosing private information. It is your responsibility to keep such information private and confidential.
- Personal Information
We may collect personally identifiable information from Users in a variety of ways, including, but not limited to, when Users visit our site and in connection with other activities, services, features or resources we make available via our Services. We may require Users who use the Services to give us contact information, which may include but is not limited to the User’s name, residential, business and/or mailing address, phone numbers, email address, and payment account information (collectively “Personal Information”). From time to time, we may also collect or ask for additional Personal Information including financial information concerning your creditors and financial accounts and related activities by you, and profile/membership information such as demographic information, credit, identity and other personal profile data that you provide about yourself when you visit our website, register, or use our Services, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the Services, although not providing it may hinder your ability to use the Services or certain features and tools of the Services. The following are examples of situations where we collect Personal Information from Users:
- Survey Information. Survey information is your voluntary submission of data to us to represent which will assist us in improving the experience for users of the Services.
- Quote Information. Quote information is for the purposes of providing consumers with quotes for services from service providers including but not limited to various mortgage loans, insurance products, credit card offers and other service offerings.
- “Subscription” occurs when an end-user registers for the Services, via registration at our websites. Ournett collects personally identifiable information about our subscribers, based on: information gathered at the time of registration, subscriber interaction and response to subsequent electronic mailings and website use.
- Requests for Assistance or Service. When an individual requests assistance through Ournett’ customer service department, and when an individual voluntarily subscribes to the Services or Ournett (or its affiliates’) newsletters and publications.
- Non-personally Identifiable Information
We may collect non-personally identifiable information (“Non-Personal Information”) about Users whenever they interact with our websites, web pages, applications or platforms. Non-Personal Information may include the browser name, the type of computer and technical information about Users means of connection to the Services, such as the operating system and the Internet service providers utilized and other similar information. We may collect and share non-personal identification information to generate anonymized data and statistics about the behavior of Users of our websites, web pages, applications or platforms to analyze the usage of those websites, web pages, applications or platforms. We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device as part of a web page/mobile application request, including the web pages you visit, your browser/device features, and other information that assists us in improving the Services. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular User.
- Automated Collection of Information
Ournett may use web beacons via the Services. A web beacon is programming code that can be used to display an image on a web page (by using a programming function), but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows Ournett to track certain websites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. Ournett also uses web beacons in email messages sent to individuals listed in our database.
Ournett uses a common technology known as a “Clear GIF” or “1-by-1 Pixel” on our websites and in e-mail communications with users. A Clear GIF or “graphic interface format” is a small graphic (in fact, truly a 1×1 pixel) that we (or our partners) place on a page of our websites. We may also occasionally place GIFs in e-mail messages that we send to users. GIFs, which do not contain any Personal Information of users, provide us with important information about how users use the Services and respond to e-mail messages. With this information, we are better able to track the performance of certain promotions and understand the effectiveness of particular creative Email presentations. We may also allow our advertisers and promotional partners the ability to use GIFs on our websites solely to track users who link from their respective websites to our websites, but this ability to track such activity does not allow these entities access to user’s Personal Information.
Ournett tracks information related to the electronic mailings and web pages viewed by users and subscribers, as well as the hyperlinks clicked by subscribers, while viewing our emails or visiting our websites. Log files are used to track and monitor subscriber usage. We collect your IP (Internet Protocol) address to help diagnose problems with our server, to gather information on your proximity to improve your experience using the Services and to administer the Services. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data. Ournett may receive information about individuals from Third Parties or from other sources of information outside of our websites including information located in public databases. The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is Ournett’ use of new and evolving technology. As a result, Ournett strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
California Disclosure re: Do Not Track Signals from Web Browsers and Mobile Devices: Our websites are not presently configured to support Do Not Track (“DNT”) signals from web browsers or mobile devices.
- How We Use Collected Information
The primary reasons we collect personal information are to (1) enroll you in our Membership program, (2) provide products and services that you have requested and (3) promote products and services to you. In particular, Ournett may collect and use User’s Personal Information for the following purposes:
- To improve User assistance. Information you provide helps us respond to your queries more efficiently.
- To personalize User experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided via the Services.
- To improve our Services. We may use feedback you provide to provide, maintain, and improve our services as we deem appropriate in our sole discretion and to provide the Service, and to provide any other services that you and Ournett agree to.
- To run a promotion, contest, survey or other features of the Services. To send Users information they agreed to receive about topics we think will be of interest to them.
We may also use the information to contact you to further discuss interest in us, the goods and services that we provide or promote, and to send information regarding our company or partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the Services or Ournett, and may send a newsletter, or other correspondence.
We may use the email address to respond to User inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. Even if you are removed from any such list, if you use the Service, you will continue to receive email correspondence from Ournett related to the Service. Any opt-out by you is not deemed valid until processed by Ournett. It is your obligation to verify that you have been opted-out. Ournett shall not be liable for problems with the opt-out procedures.
For personal data that is subject to General Data Protective Regulation 2016/679 (“GDPR”), we rely on several legal bases to use and process your personal data, which include (i) when you have given consent, which you may withdraw at any time by accessing your Account settings; (ii) when data processing is necessary to perform a contract with you, such as the Terms and Conditions , and (iii) our legitimate business interests, such as improving and personalizing the Services, marketing new features or products that may be ofinterest to you, and promoting safety and security of the Service and our Customers.
- How We Protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our websites.
Sensitive and private data exchange between our websites and Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
However, please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country, data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
- Sharing Your Personal Information
We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. In addition to the use of information described above, Ournett reserves the right to disclose information provided by Users (including Personal Information) as follows:
- Marketing and Order Fulfillment. Ournett will transfer user information (including Personal Information) to Third Parties when necessary to provide a product or service that the User orders or requests from such Third Party while using the Services or Third-Party sites, (including, for example, when completing a Quote Information request or when responding to offers provided by the Services). Ournett may also use a Third Party to provide you with information regarding the Services or to provide you with Third-party services and information which you have requested. All Third Parties associated with Ournett have entered into an agreement with us and are required to comply with all state and federal privacy regulations. By submitting a Quote Information request or responding to offers provided by the Services, you understand that Third Parties may contact you by telephone (on a recorded line), automated calling, mobile phone, SMS, email, or home mail delivery based on the information you provided to the site in order to process and fulfill your request, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call list or the Do Not Call List of any internal company. If one of Ournett’ Third Party partners contacts you and you do not wish to be contacted again by that Third Party with respect to your inquiry, then you should specifically make a request to that Third Party not to contact you again. Please note that the Third Parties may maintain the information you provided whether you elect to use their services.
- Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (2) protect or defend Ournett’, or a third party’s, rights or property.
- Disclosure to Third Party Service Providers. We may share your information with third-party service providers to perform functions on our behalf. For example, outsourced customer care agents or technology assistants may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
- Updating/Correcting Personal Information:
If you are a Member, please login to our website at Ournett.com, login and click on Account. If you are not a Member, please send a request to us at Gleason & Koatz, LLP | 122 East 42nd Street, Suite 620, New York, New York 10168 | T: 212-986-1544 | F: 212-986-1379 | firstname.lastname@example.org . A representative will be happy to assist you.
8.Your Choices on Sharing of Information:.
You have choices with regard to marketing communications and data sharing. Regardless of how you access our services, you can opt-out of receiving marketing communication from us (and our joint marketing partners) or from our sharing your personal information with third parties for their own marketing by contacting us at: unsubscribe@Ournett.com.
You may opt-out of receiving promotional telephone calls from us by asking the operator to place you on our do not call list or by informing Customer Service that you wish to opt out of telemarketing calls. When contacting Customer Service, please provide your complete name, address and telephone number and send an email to team@Ournett.com. Also, you may opt-out of email marketing, by following the opt-out instructions included in every commercial email we send. You may also opt out by contacting Customer Service with your name and email address.
Please note that we may continue to communicate with you regarding your Membership and Actions you take.
If you live in the European Economic Area, United Kingdom, and Switzerland (“Designated Region”), you have several legal rights regarding your information as discussed below.
Accessing Data.You may access your personal information by signing into your account.From there you can correct or modify your information.
Exporting Data.If you live in the Designated Region, by logging into your account, you may access your personal information and you can also download your personal information in a common file format.
Deleting Data.If you live in the Designated Region, you can change or delete your personal information in your account settings.Additionally, you may delete your account if you wish.We will use commercially reasonable efforts to honor your requests for deletion, but certain information will actively persist on the Site even if you close your account, including messages you posted on our Service.In addition, personal information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, legal compliance reasons, to the extent permitted by law.In addition, we typically do not remove information you posted publicly through or on our Service.
Objecting or Restricting Data Use.In your account settings, you have options to control our use of your data.You may limit how your information is visible to other users or made publicly available; and limit the notifications or emails you receive from us.Please note that should you opt-out of receiving notifications or emails from us, you will still receive administrative messages from us.If you are receiving texts sent via the Service and you wish to opt out, reply STOP to any such message, or send an email with your cell phone number and the subject line “Opt-Out” to team@Ournett.com.
We keep your information, such as your name, email address and phone number for as long as you keep your account in existence.In some instances, we will delete the information you provide to us after it is no longer needed.We also keep information about you and your use of the Service for long as it is necessary for our legitimate business interests, for legal reasons, and to prevent harm to you, any third party, or us.
- For Users in California Only
Companies that collect personally identifiable information (“PII”) from California residents and disclose such information to Third Parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having their information shared with Third Parties. We have elected the second option and you may request that your PII not be shared with Third Parties by sending your request, including your full name, email address and postal address to: team@Ournett.com or by mail to California Privacy Information c/o Ournett, Gleason & Koatz, LLP | 122 East 42nd Street, Suite 620, New York, New York 10168 | T: 212-986-1544 | F: 212-986-1379 | email@example.com . In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
- For Users Outside of the United States Only
We do not knowingly allow any users under the age of eighteen (18) to use or otherwise access the Services or our websites. We do not seek any personal information (or any information at all) from any persons under 18 years old. Because we do not intentionally collect any information from children under the age of 18, we also do not knowingly share or disclose such information to third parties. If you are under 18 years old, you may not use the Services. If you have reason to believe that a child under 18 years of age has provided us with information, please contact us at team@Ournett.com.
As our business changes, we may need to revise our privacy practices. If we make any material changes to this privacy notice, we will notify all of our Members (and former Members or non-Members, if affected by the change) and provide you with the opportunity to opt-out of having your information handled in accordance with the new policy.
By using the Services, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Services. Your continued use of the Services following the posting of changes to this policy will be deemed your acceptance of those changes.
- Legal Disclaimer
- Questions & Contact Information