If you are visiting the Site from outside the United States, please do not provide any personal data through the Site or by e-mail, as this Policy may not comply with local laws in your jurisdiction.
This Site is not intended for visitors under 18 years of age. We do not knowingly solicit or collect personal data from or about people under 18 years of age, nor do we knowingly market our products or services to people under 18 years of age.
Personal data we collect from visitors
Personal data identifies an individual by, for example, name, address, telephone number, or e-mail address. We may collect the following types of personal data: (1) if you apply for a job, your name, address, references, and employment history; (2) if you receive a consumer credit report through us, your name, address, social security number, credit history, and financial information, directly or through one of our representatives; (3) if you use this Site to check the status of your account, your name, account number, and other information, such as a password, to verify your identity; and (4) if you send us e-mail or request information, your name, e-mail address, and any other personal data you supply in your e-mail message.
We respect your right to online privacy. When you register as a member of this site, or any of our mobile products, or otherwise provide any personal information to us online, that information will only be used in conjunction with providing you with enhanced services related to the site and mobile products. It will never be sold or shared with any third party.
Other data we automatically collect - Non personal
In addition to information you provide to us, we automatically collect certain information about how you access and interact with our Services (“Usage Information”). This Usage Information is a key part of how we improve your Nuvill experience and provide you with more personalized insights and recommendations. We and our partners may use various technologies to collect and store Usage Information in connection with our Services. These may include things like cookies, browser web storage (e.g., HTML5), web beacons and similar technologies. There are three types of Usage Information we may collect:
How we use the data we collect
We may use the data that you provide as follows: (1) if you apply for a job, to consider you for the position and to contact references; (2) if you authorize Nuvill to retrieve credit reports; (3) if you send us e-mail or request information, to reply to your request. We may also use the data that you provide to help us improve the content and function of the Site or other sites, to better understand our customers and markets, to improve our products and services, to enhance our marketing and promotional efforts, to improve product offerings, and to later contact you, electronically or otherwise, about products or services that we believe will interest you. If required by law, such communications will explain how to "opt out" of receiving future communications. You cannot, however, opt out of receiving communications about your account, such as service announcements and administrative notices.
Nuvill may share data that you provide under the following circumstances:
EMOH maintains physical, electronic, administrative and procedural safeguards intended to protect the confidentiality of Personal Information that we collect about you.
Nuvill does not control and is not responsible for other visitors' treatment of information that you post on public areas of the Site. For example, such information may be collected and used by others for their own purposes, including sending you unsolicited e-mail.
Your access to personal data
If you wish to review, correct, or remove personal data that you provided to Nuvill, please send an e-mail to firstname.lastname@example.org
If you have questions about this Policy, please send an e-mail to email@example.com
Like most sites on the Internet, we also collect anonymous data on how our visitors use our site. This data reflects site usage patterns gathered during thousands of customer visits each month and does not contain any personally identifying information whatsoever. We reserve the right to share this anonymous data, provide log files and other databases of user information to third parties for analysis, and to use this information to better understand client traffic and improve our online services.
1. Our Services
When we refer to our “Services,” we mean all products and services owned and operated by Nuvill, Inc. or any of its affiliated companies (collectively, “Nuvill,” “we,” or “us”), including the content, features, tools, data, software and functions made available by Nuvill through and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As of the effective date of these terms, our Services include the following key features:
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of our Services are subject to additional terms and conditions ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.
Acceptance of Terms
Nuvill Inc. ("Nuvill" or "us" or "we" or "our") provides its services (described below) to you through the website located at and its related sub-domains (the "Site") and through its 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,CREDIT RELATED OFFERS AND OUR LICENSED AFFILIATES/SUBSCRIBERS, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF SERVICE.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING THAT Nuvill CONTACT YOU ABOUT FINANCIAL SERVICES, CREDIT RELATED OFFERS AND AND OUR LICENSED AFFILIATES/SUBSCRIBERS, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND Nuvill 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 Nuvill, 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 Nuvill. 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 Nuvill IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST Nuvill IN ANY JURISDICTION IN THE UNITED STATES. Nuvill 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.
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 Nuvill.
Permission to Use the Service
You have our permission to use the Service, but only if:
Obligations of Home Buyer Or Sellers, by completing your registration with Nuvill, you are stating that you would like a Nuvill approved real estate and/or lending professional to contact you. If you are just using our referral program, you have our permission to use the service, but only if:
Obligations of Real Estate Agent, Mortgage Lender, real estate related service provider, or third party vendor registered with Nuvill. By completing your registration with Nuvill, you are stating that you would like a Nuvill representative to contact you. You also are agreeing that
To ensure that Nuvill provides a high-quality experience for you and other users of the Service, you acknowledge and agree that Nuvill or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. Nuvill is not required to disclose such an investigation unless required to do so by law. Nuvill will cooperate fully with any law enforcement agencies in their investigation of potential violation of any applicable laws.
Personal Use Only
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
This Agreement is effective until terminated by Nuvill at any time without notice. Nuvill may suspend or terminate your access and use of the Site at any time, with or without cause, in Nuvills' absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning indemnification, disclaimer of warranties, limitations of liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.
Nuvill 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, frame-set, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify Nuvill or our suppliers and our or their proprietary products and services are the trademarks or service marks of Nuvill or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Nuvill 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.
Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use the Service to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from the Service more than twice.
OUR PARTNERS’ INTELLECTUAL PROPERTY
Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our partners (our “Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.
INFRINGEMENT OF RIGHTS
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content or Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:
Attention: Copyright Agent, Legal DepartmentNuvill, Inc.130 E Kiowa St. Ste 202Colorado Springs, CO 80903
To find out more about what you must include in the Notice and about the procedures we will follow,Click Here To Read The DCMA .
Nuvill reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.
Consumer Credit Report
You may obtain a Consumer Credit Report from Nuvill through the Service. The Consumer Credit Report is made available to you at no charge, and you are not required to apply for any product or service offered through the Service in order to obtain the Consumer Credit Report. The Credit Report Card will briefly summarize the content of your consumer report and will explain the parameters (e.g., payment history, debt usage, credit age, account mix, and the number of inquiries) typically used to arrive at your credit score, and includes other related features. In addition, the Consumer Credit Report may provide helpful information about how consumer behavior affects each of these parameters.
ANALYSIS AND ESTIMATES
Any analysis and estimates we provide as part of our Services are for illustrative and informational purposes only. Our analysis and estimates are based on certain assumptions and use only the data we have. Our analysis and estimates are neither endorsed by, nor commissioned by, any of our partners. The methodology we use to determine which offers, analysis, or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion.
NOT A LEGAL OR PROFESSIONAL ADVISOR
The consumer credit report provided to you by Nuvill and any other credit estimates, or recommendations or predictions provided by the service, are not intended to and do not provide or constitute legal or other professional advice. Because Nuvill is not a consumer reporting agency or financial advisor, it is not, and cannot be responsible for either the content of your consumer credit report, its accuracy, or the credit score range derived from such report, or it’s applicability to your circumstances. Use of our Services is not a replacement for personal professional advice or assistance regarding your finances, credit history or fixing your credit rating.
Nuvill makes no warranty, representation or guarantee that our Services or any other credit estimate contains accurate or complete information, or that any related recommendations will raise or otherwise impact your credit score, establish or rebuild good credit, or improve your credit score, credit history or credit rating. Further, the consumer credit report is not intended to represent all information in your credit file.
ERRORS AND DELAYS
In order to provide you with the Consumer Credit Report or any other credit estimate, Nuvill must obtain your consumer credit report from a consumer reporting agency. You understand and agree that Nuvill is not responsible for a delay in delivering the Consumer Credit Report, any other credit estimate or any part of the Service or an inability to deliver the Consumer Credit Report, any other credit estimate or any part of the Service that is due to a Consumer Reporting Agency’s Delay in providing or failure to provide your Consumer Credit Report.
Nuvill is not responsible for any errors or delays in responding to a request for a real estate professional or lender caused by an incorrect e-mail address or other contact information provided by you, or other technical problems beyond our reasonable control.
COMPLIANCE WITH LAW
As a condition of your use of this website and Services, you warrant to Nuvill that you will not use this our website or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You must comply with all applicable laws when using our Services. You are not permitted to use our Services to obtain any consumer credit report, score or other consumer information under false pretenses or in violation of the Fair Credit Reporting Act or applicable state or federal law.
You may not request a Consumer Credit Report for anyone other than yourself. You understand that accessing or attempting to access another person's consumer report without their express authorization is a violation of federal law and may violate the law of the state in which you reside. By requesting a Consumer Credit Report, you represent that you are requesting it on your own behalf and not for another.
We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
THIRD PARTY OFFERS
With respect to offers from our partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our partners and we will never submit an application for a product or service to a partner on your behalf without your consent.
Consumer Credit Report Consent
You should also consider the availability of information, tools, and resources that may be available to you without charge or for a nominal fee in the event that you suspect that your identity has been stolen or compromised, or may be subject to possible theft or misuse. You can learn more regarding the availability of such resources by visiting the website maintained by the Federal Trade Commission at http://www.ftc.gov.
LICENSE TO YOUR CONTENT
By submitting, posting, or publishing your Content on or through our Services, you grant to Nuvill a non-exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to publish, host, store, transfer, distribute, modify, create derivative and collective works from, reproduce, display, perform, transmit, process, or otherwise use, in any manner and for any purpose, and in all forms or distribution methods now known or later developed, your Content, in whole or in part, to provide, optimize, improve, and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness without compensating you. This license also includes the right to publish your Content in a searchable format that may be accessed by other users of our Services. You also grant to other users of our Services a non-exclusive license to access and use your Content in connection with our Services.
RESPONSIBILITY TO YOUR CONTENT
You are solely responsible for the Content that you submit, post, or publish via our Services. By submitting, posting, or publishing Content, you represent and warrant that (a) you are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize us and other users to use your Community Content , and (b) your Content complies with our Content Rules.
MONITORING OR OUR SERVICES AND DISCLOSURES FOR ADMINISTRATIVE AND LEGAL REASONS
LICENSE TO USE YOUR FEEDBACK
We also encourage you to tell us how we can improve your Nuvill experience. We may provide you with opportunities to send us comments, suggestions and other feedback regarding problems with, or proposed modifications or improvements to, our Services (“Feedback”) through email, social media, feedback forms, surveys, or other channels. By submitting, posting, or otherwise providing us your Feedback, you hereby grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve, promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you, all in accordance with our Private Policy.
Storage and Availability
We are not a content-archiving service. We do not promise to store or make available information previously provided to you in the Consumer credit report, which we may cease providing at any time. You are solely responsible for keeping back-ups of everything you post on 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 Nuvill or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Links to or Connections with Third Party Sites or Applications
Policy on Linking to the Nuvill 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.Nuvill.com. If you exercise this limited, non-exclusive right, however, you must agree to the following:
Furthermore, a site that links to the Service:
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 Nuvill's request.
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NUVILL.COMAND 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.
NUVILL.COM 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 Nuvill WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND Nuvill 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 Nuvill STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED CREDIT OR LEGAL ADVICE. YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED BY THE SERVICE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL. YOU ACKNOWLEDGE THAT Nuvill IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER INFORMATION; AND (II) BETWEEN YOU AND OUR PARTNERS WHOSE OFFERS WE PRESENT. Nuvill EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Nuvill 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 CONTENT; (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, Nuvill'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 THE GREATER OF (A) $100 OR (B) THE AGGREGATE FEES YOU HAVE PAID TO Nuvill.COM FOR SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
You will defend (if requested by any Nuvill party), indemnify, and hold harmless Nuvill, or the Nuvill Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the Nuvill Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or the Community Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of Nuvill. Nuvill or the Nuvill Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
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
Nuvill 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.
In the interest of resolving disputes between you and Nuvill in the most expedient and cost-effective manner, you and Nuvill agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND Nuvill ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 10.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
Any arbitration between you and Nuvill will be governed by the FAA, 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 the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Nuvill.
NOTICE AND PROCESS
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice"). Nuvill's address for Notice is: Nuvill, Inc., 130 E Kiowa St. Suite 202, Colorado Springs, CO 80903. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and Nuvill agree to use good faith efforts to resolve the claim directly, but if you and Nuvill do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Nuvill must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Nuvill's last written settlement offer made before an arbitrator was selected, Nuvill will pay you the amount awarded by the arbitrator or fifteen thousand United States dollars ($15,000), whichever is greater. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Nuvill agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.
NO CLASS ACTIONS
YOU AND NUVILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Nuvill agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
If any provision of this Section 10 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
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 Services 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 . 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. The Consumer credit report provided to you by Nuvill is not related to this free disclosure, and 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:
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.
Nuvill reserves the right to investigate complaints or reported violations of the Website Terms and to take any action Nuvill 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. Nuvill 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 Nuvill 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 Nuvill contact you about its credit repair services, and be contacted by our affiliates/subscribers. 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 COLORADO, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in Sections 1 through 16, 20 through 29 and 32 through 34 shall survive termination of the Website Terms.
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.
CHANGES TO THE AGREEMENT
WAIVER ONLY IN WRITING
Nuvill's failure to enforce any of its rights or act with respect to a breach by you or others of the Agreement does not constitute a waiver of any rights and will not limit Nuvill's rights with respect to that breach or any subsequent breaches. No waiver by Nuvill of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Nuvill.
Nuvill may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
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