The Terms of Service were last revised in December 2018.
1. Acceptance of Terms
Hello! Envision Credit ("envisioncredit.com" or "us" or "we" or "our") provides its services (described below) to you through the website located at www.envisioncredit.com and its related sub-domains (sites) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). Through the Service, we provide credit-related information, products, services and other features.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING WE CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, AND/OR PARTICIPATING IN ANY OF OUR RELATED TEXT MESSAGE PROGRAMS, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF SERVICE.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING THAT envisioncredit.com CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, AND/OR PARTICIPATE IN envisioncredit.com'S TEXT MESSAGE PROGRAM, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND envisioncredit.com ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS. A "CLAIM" IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND envisioncredit.com, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF SERVICE OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE TERMS OF SERVICE. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH envisioncredit.com. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST envisioncredit.com IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST envisioncredit.com IN ANY JURISDICTION IN THE UNITED STATES. envisioncredit.com WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided however, that the terms of these Terms of Service shall control over any inconsistency between the Rules of the American Arbitration Association and the Terms of Service). The arbitrator shall have authority to interpret the Terms of Service, including but not limited to the authority to decide whether any claim is arbitrable under the Terms of Service and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator's jurisdiction, and the enforceability of the Terms of Service. You agree that the Terms of Service involve commerce under 9 U.S.C., Section 1 et. seq., and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Terms of Service are governed by the state of California as provided in Section 34 below.
If you don't agree to these Terms of Service, don't use the Service. We can change these Terms of Service at any time without any notice to you. We will change the last revised date above when we make any changes and post a new version of these Terms of Service on our Site. It is your responsibility to review these Terms of Service from time to time for any changes as it creates a binding legal agreement between you and envisioncredit.com.
2. Permission to Use the Service
You have our permission to use the Service, but only if:
- you are over 18 years old;
- you are using the Service for your own personal use and not for commercial purposes;
- you do not copy the Service or any part of the Service;
- you do not modify the Service or any part of the Service;
- you follow all the rules and restrictions in these Terms of Service.
If you are applying through the Service for an extension of credit with one of the third-party subscribers to the envisioncredit.com network ("Network Subscribers"), you must be an adult resident of the United States, including its Commonwealths and Territories. By applying for an extension of credit, you warrant and represent to envisioncredit.com and to the relevant Network Subscriber(s) that you are an adult resident of the US.
To ensure that envisioncredit.com provides a high-quality experience for you and other users of the Service, you acknowledge and agree that envisioncredit.com or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. envisioncredit.com is not required to disclose such an investigation unless required to do so by law. envisioncredit.com will cooperate fully with any law enforcement agencies in their investigation of potential violation of any applicable laws.
3. Intellectual Property Rights in User Content
4. Proprietary Rights
envisioncredit.com and its suppliers retain all right, title and interest (including all trademark, copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the code embodied in, or otherwise applicable to, the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify envisioncredit.com or our suppliers and our or their proprietary products and services are the trademarks or service marks of envisioncredit.com or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of envisioncredit.com or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service
5. Our Rights to Communicate and Use Information
6. Storage and Availability
We are not a content-archiving service. We do not promise to store or make available on the Service any User Content that you submit, or any other Content, for any length of time. This includes information previously provided to you You are solely responsible for keeping records of everything you share with the Service.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Also, we may decide to cease making available the Service or any portion of the Service at any time and for any reason. Under no circumstances will envisioncredit.com or its suppliers be held liable for any damages due to such interruptions or lack of availability.
7. Sale of Products
The Service may also include the offer for sale of certain products (whether software, services, or other merchandise) (each, a "Product") for an amount in addition to that paid for use of the Service. Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through the Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply. Purchase of such Products is optional and voluntary, and you must affirmatively request or consent to purchase any such Product.
8. Links to Other Sites
9. Policy on Linking to the envisioncredit.com Service
You are granted a limited, non-exclusive right, which we may revoke at any time, to create a hypertext link to the website found at www.envisioncredit.com. If you exercise this limited, non-exclusive right, however, you must agree to the following:
1) You will not portray envisioncredit.com, its affiliates or Network Subscribers or their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
2) You will not misrepresent your relationship with envisioncredit.com nor imply that envisioncredit.com sponsors, endorses, or is affiliated with any website, products or services.
3) You will not replicate, modify, or alter the appearance or content of the Service.
4) You will not use, frame, or utilize framing techniques to enclose any envisioncredit.com trademark, logo, or other proprietary information, the images found in the Service, the content of any text, or the layout and design of any page or form contained on a page on the envisioncredit.com website without the express prior written consent of envisioncredit.com.
Furthermore, a site that links to the Service:
1) Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
2) Must not contain materials that would violate any laws.
If you exercise this limited, non-exclusive right to create a hypertext link to the Service, you agree that the link must be removed at any time, immediately upon envisioncredit.com's request.
10. Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. Envision Credit AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Envision Credit AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS MAKE NO WARRANTY THAT (A) THE SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT envisioncredit.com WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND envisioncredit.com SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
ALTHOUGH Envision Credit STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED FINANCIAL OR LEGAL ADVICE. YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED BY THE SITE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, envisioncredit.com AND ITS AFFILIATES, SUPPLIERS, NETWORK SUBSCRIBERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCT, SERVICE OR CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER DATA; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Envision Credit'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, NETWORK SUBSCRIBERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100
You agree to indemnify, defend (if we so request) and hold harmless envisioncredit.com and its affiliates, Network Subscribers, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
13. Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws, rules or regulations, including, without limitation, United States export laws and regulations.
14. Right to Dispute
If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the consumer reporting agency that supplied the information, as indicated in your credit report. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit report.
envisioncredit.com is not responsible for the accuracy or contents of your credit file, including, but not limited to, information delivered in the credit report and/or score products.
15. FCRA Disclosures
The federal Fair Credit Reporting Act ("FCRA") allows you to obtain from each consumer reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file maintained by a consumer reporting agency must be obtained directly from such consumer reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a consumer reporting agency as required by FCRA or similar laws.
Under FCRA, you are entitled to receive an annual free disclosure of your credit report from each of the national consumer reporting agencies. To request your free annual report under FCRA, you must go to www.annualcreditreport.com. You can also request this free annual disclosure by calling toll-free (877) 322-8228 or by using the mail request form available at the website set forth above. None of our products are intended to substitute for any free credit report or disclosure that any consumer reporting agency is required by law to provide to you.
You are entitled to receive a free copy of your credit report from a consumer reporting agency if:
1) You have been denied or were otherwise notified of adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
2) Your application for rental housing has been denied or you were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
3) You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
4) You certify in writing that you are a recipient of public welfare assistance.
5) You certify in writing that you have reason to believe that your file at such consumer reporting agency contains inaccurate information due to fraud.
16. Not a Credit Repair Organization or Contract
envisioncredit.com is not a credit repair organization or similarly regulated organization under other applicable laws, and is not offering to provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. envisioncredit.com does not claim it is able to "clean up" or "improve" your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to use or access the Service in order to do so.
Accurate information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant consumer reporting agency and follow the appropriate procedures for notifying the consumer reporting agency that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various consumer reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of envisioncredit.com, but is provided free of charge to all consumers, regardless of whether you have subscribed to envisioncredit.com
17. International Use
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the US or the country of your residence.
18. Additional Terms
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
envisioncredit.com reserves the right to investigate complaints or reported violations of the Website Terms and to take any action envisioncredit.com deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. envisioncredit.com reserves the right to seek all remedies available at law and in equity for violations of the Website Terms, including but not limited to the right to block access from a particular Internet address to any envisioncredit.com website. These incorporate by reference any notices contained on the Website and constitute the entire agreement with respect to access to and use of the Website, your request that envisioncredit.com contact you about car financing, and/or your participation in envisioncredit.com's Text Message Program. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PENNSYLVANIA, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. envisioncredit.com shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by envisioncredit.com. No delay or omission on the part of envisioncredit.com in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The Website Terms constitutes the entire agreement and understanding between you and envisioncredit.com, except as you and envisioncredit.com may later agree in writing to modify the Website Terms. The Website Terms supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.