2. Delivery of Notices and Updates
3. Use of Credit Galaxy
4. Payment and Cancellation
a. Payment. The license granted to you for your use of Credit Galaxy solely for own personal educational and informational use is provided to you at no charge.
b. FICO Cancellation. We may cancel Credit Galaxy or your access to the Website or Credit Galaxy at any time and for any reason.
5. Taxes and Fees
Prices indicated on the Website are exclusive of state and local sales and use taxes. You are responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with your order. If state and local sales and use taxes are due, these amounts will be added to the sale price and your payment will be inclusive of those amounts. Prices are subject to change at any time but will not affect orders for products made or product renewals prior to the date of the change.
6. No Substitute for Professional Advice
You agree that the products you have requested are for your information only and are not a substitute for professional advice. You should not rely on Credit Galaxy a factor or source of information in making any credit or investment decision, or relating to possible identity theft or fraud. Also, you should use information delivered to you as part of Credit Galaxy, or information found on the Website, solely for your own personal educational and information purposes.
7. NOT A CREDIT REPAIR ORGANIZATION
FICO is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. FICO does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. Neither Fair Isaac nor the Credit Galaxy product provides or performs any service to you for the express or implied purpose of improving your credit record, your credit history or your credit rating or provide assistance or advice to you with regard to “rebuilding” or “improving” your credit score, your credit record, your credit history or your credit rating. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT SEEKING TO ACCESS CREDIT GALAXY OR THE WEBSITE, USE OR RECEIVE CREDIT GALAXY FOR THE EXPRESS OR IMPLIED PURPOSE OF REBUILDING OR IMPROVING YOUR CREDIT RECORD, YOUR CREDIT HISTORY OR YOUR CREDIT RATING OR TO PURCHASE, USE OR RECEIVE ANY ASSISTANCE OR ADVICE WITH REGARD TO IMPROVING OR REBUILDING YOUR CREDIT SCORE, YOUR CREDIT RECORD, YOUR CREDIT HISTORY OR YOUR CREDIT RATING.
You agree to treat your login credentials and any content you receive from us as confidential and not to share them with other persons or display them so that others have access to them. We are not responsible if third parties access Credit Galaxy.
9. Not For Use By Minors
The products and services on the Website are not intended for use by minors. You represent you are at least eighteen (18) years old.
10. No Warranties and No Liability
CREDIT GALAXY IS PROVIDED "AS-IS", AND NEITHER FICO MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. CREDIT GALAXY IS NOT ERROR FREE. USE OF CREDIT GALAXY DOES NOT GUARANTEE ANY PARTICULAR RESULT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES IN CERTAIN TYPES OF AGREEMENTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL APPLY TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW, AND, IF LIABILITY IS IMPOSED UPON FICO, YOU AGREE THAT FICO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF ANY PRODUCT, ANY SERVICE OR THE WEBSITE, UNDER ANY THEORY OF RECOVERY, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS TO WHICH THE CLAIM(S) RELATE(S).
PLEASE READ CAREFULLY. THIS AFFECTS YOUR RIGHTS.
We will try work in good faith to resolve any issue you have with Credit Galaxy or the Website if you bring that issue to the attention of our customer service department. However, you agree there may be cases where we may not be able to resolve an issue to a customer's satisfaction. You agree that any dispute or claim arising out of or relating in any way to your use of the Website must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of FICO or any third party, in which case FICO or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (see https://www.adr.org/sites/default/files/Consumer-Related%20Disputes%20Supplementary%20Procedures%20Sep%2015%2C%202005.pdf or contact AAA at 800-778-7879 for additional information). Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, YOU AGREE THAT YOU WILL NOT BE ALLOWED TO FILE A CLASS ACTION OR ANY KIND OF
CLASS OR JOINT ARBITRATION.
If you intend to seek arbitration you must first send, by certified mail, a written notice of dispute to us at the following address: Fair Isaac Corporation, 3661 Valley Centre Drive, San Diego, CA 92130. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from us. If an agreement to resolve the claim is not reached within 30 days after the notice is received, you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed.
The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of Minnesota or to any Federal Court located within the State of Minnesota for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.
You agree that, even if a statute of limitations or other law provides for a longer time period, any action against FICO, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to the Website or Credit Galaxy must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.
BECAUSE YOUR USE OF THE WEBSITE AND CREDIT GALAXY HEREUNDER REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN MINNEAPOLIS, MINNESOTA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.
12. Entire Agreement