Command Credit Corp
Terms & Conditions
COMMAND CREDIT USER AGREEMENT
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS
Your use of www.commandcredit.com, including any sub-domains thereof, affiliated websites, website applications such as our accredit web application (“Accredit”), and mobile applications (collectively, the “Website”), which are owned and maintained by Command Credit Corp. (“Command Credit,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or submitting information over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING AND RIGHT TO A JURY TRIAL. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES.
You can review the most current version of the terms at any time on this page https://www.commandcredit.com/terms-and-conditions/ (“Terms”, “Agreement”). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TERMS OF USE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Any personal data we receive from you, whether through the use of our website, ACCREDIT or any activity related to Command Credit, will be handled in accordance with our Privacy Policy, which may be viewed at https://www.commandcredit.com/privacy-policy/. By using our services, you agree the Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. We may collect, use, and disclose your personal data for the purposes described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our services.
We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Information collected through the Website may be stored and processed in the United States or any other country in which our vendors or we maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the U.S. As such, this Agreement is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws).
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
All material on the Website, including, without limitation, all informational text, photographs, animation, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Command Credit. Command Credit disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Website, including Accredit, are the property of their rightful owners and used with permission. You agree not to display or use such marks without Command Credit's prior written permission.
The Materials on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Command Credit. Any modification of the Materials, use of the Materials on any networked computer environment or application, or use of the Materials for any purpose other than personal, non-commercial use could constitute a violation of the copyright, trademark and other proprietary rights in the Materials and is expressly prohibited.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any act or attempt to commit any act on or through the Website or Accredit that may be in breach of applicable laws or in breach of the restrictions set by Command Credit including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) perform any action that could result in excessive usage that adversely impacts the performance of Website or applications; (3) any other unlawful act; (4) use the Accredit in a way that infringes, misappropriates or violates any person's rights; (5) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of Accredit (except to the extent such restrictions are contrary to applicable law); (6) use output from Accredit to develop models that compete with Command Credit; (7) except as permitted through the Accredit, use any automated or programmatic method to extract data or output from the Accredit, including scraping, web harvesting, or web data extraction; (8) use our services for any other purpose other than (i) to review your own business credit report, (ii) in connection with a present or prospective credit or financial transaction with another business entity inquired upon, or (iii) for other legitimate commercial purposes, and will be used for internal purposes only; (9) used as a factor in establishing an individual's eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes; (10) reselling or otherwise sharing with or disclosing any information received from Command Credit to a third party; or (11) using our Website or Accredit in a manner that is not in compliance with all applicable laws, regulations, export restrictions, ordinances, and with all additional use restrictions set forth in the Agreement or hereafter adopted by Command with notice provided to You.
4. METHODS OF PURCHASE
One-Off Single Report Purchases. There are no subscription or separate signup fees for single business report purchases. Report pricing is marked with purchase buttons that will complete the transaction and obligate you to the respective fees and customer terms and conditions.
Prepaid Report Purchases. Prepaid contracts can be established. Once the prepaid amount is established the value of reports ordered is deducted from the prepaid amount until prepaid funds are exhausted at which time the account can be replenished or the user can convert to one-off single report purchases.
Monthly Invoiced Purchases. Invoiced purchases can be established by contacting accredit via link at registration and are subject to the terms and conditions set forth in the Accredit monthly invoicing underwriting and requirements. You may access the business report ordered for 30 days (measured as 720 hours) from the date of payment refunds are not available unless approved by command at its sole discretion. If you have questions regarding your company's report or would like to dispute information, you may request an investigation by contacting a command representative. Use the phone number listed on the website, or use the online form, posted in the 'help / contact us' section at the my.accredit.net some services are subject to additional terms and conditions, depending on the type of report provided. Some additional terms and conditions are included below and others may be provided to you during the ordering process. You agree to comply with all such terms and conditions when ordering and receiving the reports
5. MODIFICATIONS TO THE WEBSITE
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.
6. THIRD PARTY WEBSITES
This section applies to everyone who interacts with our online presence, including social media postings, comment sections, feeds, and other elements of social media postings viewable on YouTube, TikTok, Facebook, LinkedIn, or any of the many other available external third-party platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. We have no obligation to monitor or remove any material.
7. PAYMENT
All charges are in U.S. Dollars. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited. Refunds are not available unless approved by Command Credit at its sole discretion.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card's updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
8. DISCLAIMER OF WARRANTIES
COMMAND DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR ANY OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. IN ADDITION, EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL SERVICES PROVIDED, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE OR THAT THE SERVICES PROVIDED BY ACCREDIT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMMAND CREDIT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, ACCREDIT, ANY REPORTS, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, REGARDLESS OF WHETHER COMMAND CREDIT HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, COMMAND CREDIT IS FOUND LIABLE UNDER ANY THEORY, COMMAND CREDIT'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER COMMAND CREDIT WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (THE “FAA”), 9 U.S.C. §§ 1-16 AND SUBMITTED TO ARBITRATION BEFORE A SINGLE ARBITRATOR OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE AAA'S COMMERCIAL DISPUTE RESOLUTIONS PROCEDURES, SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW OF THE STATE OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT COMMAND CREDIT HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS IN MASSACHUSETTS FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
11. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Command Credit, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, (2) your breach of any representations or warranties in this Agreement; (3) your use or distribution of the Submissions or Generated Materials, or (4) your violation of any law or the rights of a third-party.
12.THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party
13. SALES TAX
In certain jurisdictions, sales tax at state and local rates may apply, in which case You may be charged the applicable taxes (at the highest local rate in your state) in addition to the monthly fee and/or price for the Services. The list of taxable states is available on the account registration page. We do not have an online method to claim tax exempt status. If You are tax exempt, You can apply to be exempted from paying sales tax on future purchases. Please FAX us your completed and signed “State Sales Tax Exemption Form” to 800-284-2733 – Attention: Harold Ford, Accredit. We'll notify You within 2 business days of your account status. We cannot refund your tax on previous purchases. Tax exempt organizations may file for a refund of taxes on previous purchases with your state, using a receipt from us to show You have paid tax. We cannot assist You in filing these forms with your state.
14. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Command Credit Corp 187 East Market St.
Suite 205 Rhinebeck NY 12572
Attn: DMCA/Copyright Agent
Phone: 508-634-6860
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
15. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
16. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Command Credit and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Command Credit's business is transferred to another entity by way of merger, sale of its assets or otherwise.
17. NO WAIVER
No waiver by Command Credit of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Command Credit to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
19. TERMINATION
In the event that we terminate this Agreement, Sections 1-19, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
20. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Command Credit, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
21. QUESTIONS OR ADDITIONAL INFORMATION
If you purchased a product or service through the Website, please contact Customer Support by phone:
Command Credit Corp 187 East Market St.
Suite 205 Rhinebeck NY 12572
Phone: 508-634-6860