Subscriber Agreement for the National Foundation for Credit Counseling, Inc. ("NFCC") Online Products
By accepting this Agreement, I knowledge that I understand the terms of this Agreement and that I will comply with and be bound by the terms.
This Agreement governs your use of the NFCC's Online Products, and, unless other terms and conditions expressly govern, any other electronic services or materials from the NFCC that may be made available from time to time.
- Changes to Agreement. NFCC may change the terms of this Agreement at any time by notifying you of the change electronically. The changes also will appear in this document, which you can access at any time by going to the ?? section. You signify that you agree to be bound by such changes by continued use of the NFCC Online Product.
- Fees and Payments. You have been shown fees for the NFCC Online Product and you agree to pay the fees. The NFCC will bill all charges automatically to your credit card unless other arrangements are made. Online Product fees will be billed at the beginning of your subscription or renewal. All fees and charges are nonrefundable. You are responsible for any fees or charges incurred to access a NFCC Online Product through an Internet access provider or other third-party service.
- Limitations on Use.
- Only one individual may access the NFCC Online Product at the same time using the same user name or password, unless we agree otherwise.
- The content available through the NFCC Online Product is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through the NFCC Online Product for your personal, non-commercial use only.
- You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the NFCC Online Product to anyone.
- You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the NFCC Online Product to newsgroups, mail lists or electronic bulletin boards, without our written consent.
- You agree not to use the NFCC Online Product for any unlawful purpose. We reserve the right to terminate or restrict your access to the NFCC Online Product if, in our opinion, your use of the NFCC Online Product may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
- Disclaimers of warranties and limitations on liability. You agree that your access to, and use of, the services and the content available through the NFCC Online Product is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.
The NFCC and its affiliates, directors, officers, employees and licensors will not be liable (jointly or severally) to you or any other person as a result of your access or use of the services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the NFCC parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the NFCC's liability will be limited to the fullest possible extent permitted by applicable law.
- General. This Agreement contains the final and entire agreement between us regarding your use of the NFCC Online Product and supersedes all previous and contemporaneous oral or written agreements regarding your use of the NFCC Online Product. We may discontinue or change the NFCC Online Product, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Maryland, United States of America applicable to contracts made entirely within Maryland and wholly performed in Maryland, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Maryland. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. §101 et seq.
This Agreement was last updated on January 27, 2006.
Copyright © 2005 NFCC. All rights reserved.