You have requested to participate in the APPLYCONNECT® service (the "Service"). Your participation in the Service is subject to your acceptance of these terms and conditions. YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. As a member of APPLYCONNECT®, a consumer ("Report Subject") may participate in the Service available through APPLYCONNECT®, such as access to an abbreviated version of that consumer's credit report and VantageScore® credit score, eviction and criminal information (collectively "Tenant Screening Report") and the ability to authorize APPLYCONNECT® to provide the Credit, Score, Eviction and Criminal Information to a user ("End User")collectively "Report and Score Service". Additional services may be included in the Service in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. Both Report Subject and End User, if any, agree to the applicable Terms and Conditions set forth herein.
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) the Service; (b) interaction by any means between you and APPLYCONNECT® regarding the Service; (c) your access to and use of the website located at www.applyconnect.com ("Service Website"); (d) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content"); and (e) the resolution of all claims and disputes between us through arbitration. YOU AND APPLYCONNECT® UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 23 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ORDER OF, USE OF, AND ACCESS TO, THE SERVICE, SERVICE WEBSITE AND CONTENT AND RESOLUTION OF DISPUTES BETWEEN US ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICE, SERVICE WEBSITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
Upon executing this Agreement by clicking below to indicate your agreement and by ordering any Service, APPLYCONNECT® will provide you with the ordered Service in accordance with these Terms and Conditions.
TERMS AND CONDITIONS
1. REGISTERING FOR THE SERVICE
APPLYCONNECT® is an online service in which once you are registered, an online account is created for you. To register for your account, you must provide us with your name, a valid address within the United States and an email address, and agree to be bound by these Terms and Conditions.
Because the Service provides access to credit reports and information, you must provide a valid Social Security number, your current address, and successfully pass authentication of your identity when requested by APPLYCONNECT®. You also must provide valid credit card information for any Service for which a fee is charged. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration form, authentication form or otherwise requested to do so by APPLYCONNECT®. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if APPLYCONNECT® has reasonable grounds to suspect that such information is untrue, inaccurate or not current, APPLYCONNECT®, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that APPLYCONNECT® will not be liable to you or any third party if APPLYCONNECT® suspends or terminates your order of, use of, or access to any Service, Service Website or Content, or any portion thereof, for any reason.
You agree not to share your PIN or password with third parties. You agree to promptly notify APPLYCONNECT® at email@example.com of any unauthorized use of your account and any loss, theft or disclosure of your PIN or password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and the Service.
Upon agreeing to the Terms and Conditions, some consumers who order the Report and Score service will receive an email with a link to the APPLYCONNECT® log-in page. Upon your registration with APPLYCONNECT® or request for a Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information, identifying information (e.g. name, address, social security number) that you provide and your responses to questions related to your credit report information.
You agree to receive email notifications, APPLYCONNECT® blog postings and its monthly newsletter. At any time you may opt out.
2. REPORT AND SCORE SERVICE
The Report and Score Service allows you to establish connections with third parties and authorize or request that they authorize the sharing of Tenant Screening Report. This Service will enable you as a Report Subject to (a) view your Tenant Screening Report ordered by you as a Report Subject, and (b) authorize and view your Tenant Screening Report viewed by End Users; or will enable you as an End User to view Tenant Screening Report about a Report Subject for which you have been authorized as an End User, for a limited time.
When instructed by Report Subject, Report Subject is authorizing APPLYCONNECT® to provide Report Subject's Tenant Screening Report to End Users with whom Report Subject has successfully connected for up to thirty days from the date of the Report Subject's most recent order for Tenant Screening Report ("Request Time"). Each End User may access the Report Subject's then current Tenant Screening Report and subsequently view a copy of the Report Subject's Tenant Screening Report during the remaining Request Time associated with the applicable order for Tenant Screening Report unless the Report Subject terminates (deletes, cancels, removes or declines) an End User's connection, access request or view capability. When an End User accesses the Report Subject's Tenant Screening Report, a copy of the Report Subject's Tenant Screening Report will be posted to the End User's and Report Subject's accounts, and an update will be made to the VantageScore® credit score on the Report Subject's dashboard. Report Subject acknowledges and agrees that APPLYCONNECT® is not responsible for any actions or decisions made by any third parties with whom the Report Subject has agreed to share their Tenant Screening Report.
You may provide APPLYCONNECT® with the email addresses of consumers with whom you wish to invite. APPLYCONNECT® will send an invitation request to the email address provided by you which will include your name, email address and any text you provide. Your name and email address will be available to all third parties with whom you have or had a successful connection. You authorize APPLYCONNECT® to share your name and email address as described herein and required by the Report and Score Service. You agree to refrain from using any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable comments. You acknowledge and agree that APPLYCONNECT® is not responsible for your or any third party's comments in user generated messages that are transmitted by the Report and Score Service.
3. REVIEW AND RECEIPT OF NOTICE TO USERS
By executing this Agreement, End User acknowledges that End User has read, understands and received the Notice to Users of Consumer Reports. The Notice to Users of Consumer Reports is available here.
4. FCRA CERTIFICATIONS
Report Subject understands and certifies that Report Subject is providing "written instructions" to APPLYCONNECT® in accordance with the Fair Credit Reporting Act, 15 U.S.C. Â§1681 et seq., as amended ("FCRA") to access and use Report Subject's credit report for (a) authenticating Report Subject's identity, (b) providing Report Subject with a copy of Report Subject's Tenant Screening Report, and (c) providing End Users with a copy of Report Subject's Tenant Screening Report, upon Report Subject's request or approval and for the duration of Report Subject's use of the Service.
When requesting Tenant Screening Report as an End User, End User will request and use the Tenant Screening Report strictly in accordance with the FCRA. End User agrees to and shall individually certify End User's permissible purpose for access to Tenant Screening Report on a consumer when requested by APPLYCONNECT®. End User acknowledges that End User's use of the Tenant Screening Report will be limited to only Renting/Leasing a Property and no other purpose, and End User will not request or use the Tenant Screening Report for any other purpose.
END USER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that the use and related permissible purpose that End User designates will be accurate. End User certifies that for each written instruction of a consumer who is the subject of the Tenant Screening Report, such written instruction will expressly authorize End User to obtain the Tenant Screening Report and will contain at a minimum the consumer's name, address, and signature. End User agrees to a limited one-time use of each consumer's Tenant Screening Report.
End User acknowledges and agrees that APPLYCONNECT®, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User's access to the Service may be suspended until such time as the End User's membership review is complete and approved by APPLYCONNECT®.
END USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
5. CALIFORNIA INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (ICRAA)
ICRAA regulates the use of "investigative consumer reports" (as defined by ICRAA CA Civ code 1786) for rental property decisions where the consumer is located in California or the rental property is located in California (as further defined by ICRAA) or the rental decision is made in California. End Users continued use of these reports constitutes your explicit agreement to comply with ICRAA, as well as your compliance with legal obligations under the agreement(s). Further, End User's request of these reports constitutes an explicit certification that you agree to provide each consumer that is the subject of an investigative consumer report with the option to receive a free copy of his/her Background Screening Report and applicable and required disclosures under ICRAA if requested. If end user obtains a consumer report from APPLYCONNECT® in connection with a consumer's application for tenant screening and the consumer makes a timely request, End User may share the contents of that Background Screening Report with the consumer as long as it does so without charge and only after authenticating the consumer's identity, or as otherwise required by ICRAA. California ICRAA Use: In addition to compliance with above, End User will comply with all obligations under ICRAA and APPLYCONNECT® policies and requirements applicable to the services provided which may be revised from time to time.
6. POINT OF SALE CERTIFICATION
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to APPLYCONNECT® that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
You acknowledge that the Tenant Screening Report and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Tenant Screening Report shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Tenant Screening Report, or information contained in or derived from it, to any third party unless otherwise required by law.
8. COMPLIANCE WITH LAWS
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to APPLYCONNECT® of data and your use of the Tenant Screening Report and Service provided under this Agreement.
There are no fees or other charges to create an account on the Service Website.
Fees for using the Report and Score Service are $29.95 for each 'Apply One' report order, and $39.95 for each 'Apply Three' report order purchased. Fees are subject to any applicable promotion for each Tenant Screening Report request. In certain jurisdictions sales or use tax at state and local rates may apply, in which case Report Subject may be charged the applicable taxes in addition to the fees for the Tenant Screening Report under the Report and Score Service.
Refunds will not be issued once we have successfully posted the Report Subject's Tenant Screening Report under the Report and Score Service to Report Subject's account.
10. MODIFICATION OR TERMINATION OF SERVICE
APPLYCONNECT® may, at its discretion, modify or discontinue any Service, the Service Website or Content, or any portion thereof, with or without notice. You agree that APPLYCONNECT® will not be liable to you or any third party for any modification or discontinuance of any Service, the Service Website or Content.
11. UPDATED TERMS AND CONDITIONS
This Agreement may be updated from time to time. You should check the Service Website regularly for updates to these Terms and Conditions. Each time you order, access or use any Service, the Service Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
12. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause by APPLYCONNECT® at any time upon notice by email to you. The email address for notice will be the then current email address in your account profile.
13. NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Website may be subject to prosecution.
14. SECURITY MEASURES AND AUTHENTICATION
Because APPLYCONNECT® uses security measures designed to protect your privacy and to safeguard your information, APPLYCONNECT® may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, APPLYCONNECT® cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
15. PERSONAL INFORMATION
16. REVIEW AND RECEIPT OF PRIVACY NOTICE
17. ON-LINE REQUIREMENTS
You must have an email address and a Java-compatible browser such as Internet Explorer 7.0 or higher, Firefox 3.6 or higher, Safari 3 or higher, Chrome 3 or higher, or Opera 10.5 or higher to receive your Service. You are agreeing to receive all notifications via email at the email address on file with APPLYCONNECT®. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
18. FCRA DISPUTES OF CREDIT REPORT INFORMATION
Accurate adverse information on Report Subject's credit report cannot be changed. If Report Subject believes that the Report Subject's APPLYCONNECT® consumer credit report contains inaccurate or fraudulent information, it is Report Subject's responsibility to contact APPLYCONNECT®'s Consumer Relations Dept. to dispute information. Report Subject may request a consumer file disclosure at no charge within 60 days of ordering Report Subject's Tenant Screening Report under the Report and Score Service, by contacting APPLYCONNECT®'s Consumer Relations Dept. at www.applyconnect.com/consumer-disputes. In any other situation, Report Subject may contact APPLYCONNECT®'s Consumer Relations Dept. at www.applyconnect.com/consumer-disputes or 800-288-4757 opt. 5 for assistance at any time, which may be subject to applicable fees.
19. VANTAGESCORE ®
The Report and Score Service utilizes the VantageScore credit score. The VantageScore credit score may or may not be used by Report Subject's lenders, and is not an endorsement or guarantee of Report Subject's credit worthiness as seen by lenders.
Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a lender. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company or used by Report Subject's lender.
Report Subject's VantageScore credit score is calculated using Report Subject's actual data from Report Subject's credit file on the day that you request Report Subject's report. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about Report Subject. How each lender weighs their chosen factors may vary, but the exact formula used to calculate Report Subject's score is proprietary.
Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore® credit score for each of Report Subject's credit files.
You agree to request VantageScore credit scores only for your use alone for the purposes stated in these Terms and Conditions and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law.
VantageScore® is owned by VantageScore Solutions, LLC.
20. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
APPLYCONNECT® offers access to services including an abbreviated version of a Report Subject's consumer credit report, or VantageScore credit score. APPLYCONNECT® is not acting as a credit repair organization when providing Report Subject with the Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject's credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject's credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Service, Service Website, and Content in order to do so.
21. NO WARRANTY BY APPLYCONNECT®
REPORT SUBJECT ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO REPORT SUBJECT THROUGH THE REPORT AND SCORE SERVICE, AND THE REPORT SUBJECT'S TENANT SCREENING REPORT AND THE VANTAGE SCORE CREDIT SCORE, INCLUDING THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN REPORT SUBJECT'S CREDIT REPORT, MAY CHANGE OVER TIME AS REPORT SUBJECT'S REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. APPLYCONNECT® AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM APPLYCONNECT® DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. APPLYCONNECT® MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE.
22. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT APPLYCONNECT® WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITE OR CONTENT, EVEN IF APPLYCONNECT® HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON APPLYCONNECT®, THEN YOU AGREE THAT APPLYCONNECT®'S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM APPLYCONNECT®'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
23. CLAIMS BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING APPLYCONNECT®'S CUSTOMER SERVICE DEPARTMENT AT CONTACTUS@APPLYCONNECT®.COM REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY EVENT THAT APPLYCONNECT®'S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF APPLYCONNECT® HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. WE ALSO AGREE THAT ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR, NOT A COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. APPLYCONNECT® WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND APPLYCONNECT® WOULD BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) APPLYCONNECT® and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims subject to arbitration to the fullest extent permitted by law. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
We also agree that any controversy concerning whether a dispute or claim is arbitrable shall be determined by the arbitrator, not a court, including the scope, applicability, validity, enforceability, interpretation, or formation of this arbitration provision as well as the Agreement's other terms and conditions, and any claim that all or any part of this arbitration provision or Agreement is void or voidable.
For purposes of this arbitration provision, references to "APPLYCONNECT®," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and APPLYCONNECT® are each waiving the right to a trial by jury and the right to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to APPLYCONNECT® should be addressed to: General Counsel, APPLYCONNECT®, 42913 Capital Dr., Unit 101, Lancaster CA 93535 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If APPLYCONNECT® and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or APPLYCONNECT® may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by APPLYCONNECT® or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or APPLYCONNECT® is entitled.
(c) After APPLYCONNECT® receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $125 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, APPLYCONNECT® will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator shall be bound by the terms of this Agreement. Unless APPLYCONNECT® and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, APPLYCONNECT® will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse APPLYCONNECT® for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND APPLYCONNECT® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and APPLYCONNECT® agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if APPLYCONNECT® makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in APPLYCONNECT® or other service, you may reject any such change and require APPLYCONNECT® to adhere to the language in this provision if a dispute between us arises regarding such service.
24. DATA AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that APPLYCONNECT® has expended substantial time, effort and funds to create and deliver the Service and compile its various databases. All data in APPLYCONNECT®'s databases and any other intellectual property that are part of the Service are and will continue to be APPLYCONNECT®'s exclusive property. Nothing contained in this Agreement shall be deemed to convey to you or to any other party any ownership interest in or to intellectual property or data provided in connection with the Service.
You acknowledge and agree that the name APPLYCONNECT®®, the APPLYCONNECT® and APPLYCONNECT® Logo, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of APPLYCONNECT® (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. APPLYCONNECT®'s Marks may not be used in connection with any product or service that is not APPLYCONNECT®'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits APPLYCONNECT®. VantageScore® is owned by VantageScore Solutions, LLC. All other trademarks, names, or logos not owned by APPLYCONNECT® that appear on this Service Website are the property of their respective owners.
All Content included on this Service Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of APPLYCONNECT® or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of APPLYCONNECT® or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.
APPLYCONNECT® will have the right to audit your use of the Service to assure compliance with the terms of this Agreement. You will be responsible for assuring full cooperation with APPLYCONNECT® in connection with such audits and will provide APPLYCONNECT® access to such properties and records as APPLYCONNECT® may reasonably require for such purpose.
You acknowledge and agree that APPLYCONNECT® may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds.
30. GOVERNING LAW
The interpretation and enforcement of the arbitration provision contained in Section 23 of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. The foregoing does not apply to Section 23(f) of this Agreement; if Section 23(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
32. FORCE MAJEURE
APPLYCONNECT® shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
33. ENTIRE AGREEMENT
This Agreement and any related transactions entered into electronically will be deemed to be "in writing" and to have been "signed" by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be "in writing.")