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Creditiq terms and conditions of use

1. INTRODUCTION AND AGREEMENT

Thank you for visiting creditiq.com (the “Site”)(“CreditIQ”, “Us”, “We”). The Site also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphone and tablets, as well as mobile applications, and any other websites owned or operated by Us. These Terms and Conditions of Use (“Terms and Conditions”) govern access to and use of the Site and services or products provided by CreditIQ as made available on the Site or otherwise (“Services”). Please read these Terms and Conditions carefully and thoroughly. By accessing and using this Site, you acknowledge you have read, understood, and agree to be bound to the conditions of these Terms and Conditions. You also agree to comply with applicable laws and regulations.

BY USING THE SITES AND SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND EXPRESSLY CONSENT TO CREDITIQ’S PRIVACY NOTICE AND PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.  IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITES OR USE ANY PRODUCTS.

2. SITE PROVISIONS AND SERVICES

If you are using the Services to receive or take any other action in respect to any third party products or services or third party products and services information, you are still bound by these Terms and Conditions stated herein.

By accessing the Site and Services, you agree that CreditIQ is not responsible for any third party products and services information, whether such materials are accessed directly by you or used by CreditIQ in providing the Services, including whether third party products and services information is accurate or whether the third party products and services information is suitable for your use or use in connection with the Services. You agree that CreditIQ is not responsible for whether third party products and services information accessed by you is available for your use and for the performance or operation of any third party website.

3. ACCOUNT, ACCESS, AND USE

While you may access the Site without registering, you may submit your information to CreditIQ in order to receive communications about the Services. You agree that all information that you provide to CreditIQ in connection with your access to and use of the Site, including, but not limited to, all information that you may provide, is true, accurate and complete, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. CreditIQ reserves the right to terminate these Terms and Conditions and to refuse, restrict or discontinue service or access to the Site or its Services, or any portion or features of this Site or its Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability. Access to the Site or to portions thereof, or access to Services, may be occasionally interrupted to perform changes or necessary maintenance; or for certain types of “force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet connectivity issues, etc.) beyond the reasonable control of CreditIQ for which CreditIQ shall have no liability.

By accessing this Site, you agree that you will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by CreditIQ, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Service in any other manner or for any other purpose constitutes an infringement of CreditIQ’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from CreditIQ. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content (defined below).

4. CONTENT

All information and content available on the Site (collectively, “Content”) are protected by copyright and other intellectual property laws. The Content is owned by the CreditIQ (and/or its respective affiliates, subsidiaries, licensors, and suppliers) (collectively, “Licensors”). The Content is intended for personal and noncommercial use only. You may not reproduce, reverse engineer, sell, publish, download, distribute, modify, display, perform, re-post or otherwise use any portion of the Content or exploit the Content in any other way or for any public and/or commercial use without CreditIQ’s express prior written consent.

5. SERVICE SPECIFIC TERMS

A. Instant Financing

  1. You understand that CreditIQ may generate a credit inquiry or credit report (“Report”) through your use of CreditIQ’s Instant Financing Service. The scope of the Report, if one can be generated, depends upon your completion of the necessary steps within the Instant Financing Service. You further agree that, by submitting your information within the Instant Financing Service, such information may be utilized by Servicers (defined below) for the purposes of generating a Report for credit prequalification or credit application, depending upon your selection. In generating the Report, you authorize the Servicers to obtain credit reports and other third party data used for verifying information about the you, and acknowledge that your information may be disclosed to the Servicers or creditors and/or lenders of the Servicers, as well as other third party creditors, to process the credit application or prequalification inquiry. You may choose to terminate your process within the Instant Financing Service at any point during the process, but termination of the Service may affect whether a Report may be generated.
  2. By using Instant Financing, you agree that CreditIQ and any of its third parties, affiliates, agents, banking partners and/or lenders, service providers, assignees, or dealers (“Servicers”) may communicate with you either through text messaging, electronic emails, or phone calls, which may be made through the use of an automated dialing system. Such communication by the Servicers will be limited to the purposes of the Instant Financing service.  You may be charged a fee by your cellular service providers in order to receive such communications from the Servicers. Contact by the Servicers will be subject to the Telephone Consumer Protection Act (TCPA). You understand that if the number provided by you is listed on Do Not Call Lists, Servicers and/or CreditIQ will not be able to provide you with the requisite services.
  3. You agree that your submission of a credit application through Instant Financing may result in the Servicers receiving your credit reports in order to further process your credit application and for other legitimate purposes related to any CreditIQ services.  Upon your request, CreditIQ will inform you whether any Servicers requested access to your credit report and provide the name and address of the consumer reporting agency that furnished the Report. You also agree and consent to CreditIQ’s verification of your employment, income, and any other relevant information related to your credit application, and that CreditIQ will retain the credit application whether or not credit is extended pursuant to applicable retention policies. You understand that a preapproval of an auto loan from any of the Servicers may only be available for preapproved individuals who purchase automobiles from the inventory of participating automotive dealerships (“Dealers”). Alimony, child support, or separate maintenance income need not be revealed if your do not choose to have it considered as a basis for repaying the loan.
  4. Under the Equal Credit Opportunity Act (ECOA), CreditIQ is prohibited from discriminating in any aspect of the credit application transaction. Prohibited bases are: sex, marital status, race, color, religion, national origin, age (provided the applicant is of legal age), income derived from public assistance and the fact that your have – in good faith—exercised any right under the Consumer Protection Act (i.e. the right to lodge a complaint).
  5. State Specific Disclosures:
    1. CALIFORNIA RESIDENTS: If married, you may apply for credit separately as an individual.
    2. FLORIDA RESIDENTS: INSURANCE ANTI-COERCION STATEMENT FOR REAL OR PERSONAL PROPERTY. THE FOLLOWING STATEMENT IS REQUIRED UNDER RULE 69B-124.002 OF THE RULES AND REGULATIONS PROMULGATED BY THE CHIEF FINANCIAL OFFICER RELATIVE TO ANTI-COERCION AND RULE 69O-124.002 OF THE RULES AND REGULATIONS PROMULGATED BY THE FINANCIAL SERVICES COMMISSION RELATIVE TO ANTI-COERCION
      1. The insurance laws of the State of Florida provide that the lenders may not require borrowers to take insurance through any particular insurance agent or company to protect the mortgaged property.
      2. You are subject to the rules adopted by the Chief Financial Officer or Financial Services Commission and have the right to have the insurance placed with an insurance agent or company of your choice, provided the insurance company meets the requirements of the lender. The lender has the right to designate reasonable financial requirements as to the insurance company and the adequacy of the coverage.
      3. You have read the foregoing statement, or the rules of the Chief Financial Officer or Office of Financial Services relative thereto, and understand your rights and privileges and those of the lenders relative to the placement of such insurance.
    3. MAINE RESIDENTS: You have free choice in the selection of the agent and insurer through or by which the insurance in connection with the requested loan is to be placed. Your decision to obtain any insurance product from an agent, broker or insurer of your choice will not affect the credit decision unless the insurance product you choose does not comply with the lender’s reasonable requirements.
    4. NEW HAMPSHIRE RESIDENTS: If you are applying for a balloon payment contract, upon request and before entering into the balloon payment contract, you are entitled to receive a written estimate of the monthly payment amount for refinancing the balloon payment in accord with the creditor’s existing refinance programs. A balloon contract is an installment sale contract with a scheduled final payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments.
    5. NEW YORK RESIDENTS: In connection with a credit application, CreditIQ may request a consumer report on you. At your request, CreditIQ will inform you whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be ordered without further notice to you in connection with any update, renewal or extension of credit granted.
    6. OHIO RESIDENTS: The Ohio laws against discrimination require that all lenders make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request.
    7. RHODE ISLAND RESIDENTS: Credit reports may be obtained in connection with an application for credit.
    8. VERMONT RESIDENTS: You authorize Servicers, CreditIQ, and any financial service provider with whom your credit application is shared, and each of their respective employees or agents, to obtain and verify information about you (including one or more credit reports, information about your employment and banking and credit relationships) that the Servicers, CreditIQ, and any financial service provider  may deem necessary or appropriate in evaluating your credit application. If your application is approved and credit is granted, you may also authorize the parties granting credit and/or holding your account, and their respective employees and agents, to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable), taking collection on the account, or for any other legitimate purpose.
    9. WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under Wis. Stat. 766.59, or a court decree under Wis. Stat. 766.70 applied to marital property adversely affects CreditIQ, lenders, and/or Dealer’s interest unless you furnish a copy of such agreement, statement, or decree to CreditIQ, lenders, and/or Dealers, or if CreditIQ, lenders, and/or Dealers have actual knowledge of such adverse provision before credit is granted.

6. TRADEMARKS AND INTELLECTUAL PROPERTY

CreditIQ respects the intellectual property rights of others and expects you to do the same. CreditIQ has expended substantial time, effort and funds to create the Site and to create, collect and provide the Service that is available. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, trade secrets, know-how, and related goodwill, and all such rights are and shall remain the property of CreditIQ, LLC and, if applicable, its Licensors. You understand and agree that CreditIQ owns (or where required, appropriate or applicable, has been licensed by third parties to use) all right, title and interest in and to the Site and the Services, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries. You agree not to use any trademarks, service marks, names, logos, or other identifiers of CreditIQ or its employees, subsidiaries, affiliates, independent contractors, providers and affiliates without the prior written permission of CreditIQ: (i) in, as, or as part of, any third parties; (ii) to identify non- CreditIQ products or services; or (iii) in a manner likely to cause confusion or that implies that CreditIQ sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.

7. COPYRIGHTS AND COPYRIGHT AGENTS

It is the policy of CreditIQ to respond to claims of intellectual property infringement. CreditIQ  will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA“) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a service provider’s designated agent. Notification must be submitted to the following Designated Agent for the Sites:

CreditIQ, LLC

c/o Cars.com Legal Department

300 S. Riverside Plz., Suite 1000

Chicago, IL 60606

USA

Phone: 312-601-5000

Fax: 312-601-5755

Email: legal@Cars.com

To be effective, the notification must be a written communication that includes the following:

1.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Content Feature are covered by a single notification, a representative list of such works at the Sites;

3.   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4.   Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5.   A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6.   A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH CREDITIQ, INCLUDING INSTANT FINANCING, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. CREDITIQ DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS AND CONDITIONS, CREDITIQ DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICE AVAILABLE ON OR THROUGH THIS SITE  ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICE AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREDITIQ MAKES NO WARRANTY OR GUARANTY OF THE MATERIALS, PRODUCTS OR SERVICE OF ANY LINKED SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

9. LIMITATION OF LIABILITY

CREDITIQ (AND ITS RESPECTIVE AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY PROVIDERS) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE PRODUCT, THESE TERMS AND CONDITIONS OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF CREDITIQ (AND ITS RESPECTIVE AFFILIATES, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY PROVIDERS) FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

10. INDEMNIFICATION

By using the Site and Services, you agree to indemnify, defend and hold CreditIQ, including its respective affiliates, owners, employees, agents, contractors and third party service providers, harmless from and against all claims, demands, suits or other proceedings (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of data or information you submit or transmit through the Site, your access to and use, or non-use, of the Services, your violation of these Terms and Conditions, or your violation of any rights of another. You agree to notify CreditIQ within seven (7) days of the filing of any Claims, and CreditIQ reserves, and you grant to CreditIQ, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions.

11. SECURITY

CreditIQ is compliant with the Payments Card Industry Data Security Standards (“PCI DSS”). CreditIQ takes commercially reasonable measures to secure and protect information transmitted to and from the Site or through use of the Service; however, We cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site or through the Services is or will be completely secure. CreditIQ does not guarantee or warrant that the Site and  Services will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can CreditIQ provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other information unauthorized persons may find on the Site. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed.

12. COMPLIANCE WITH LAWS

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your use of the Site and Services, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall CreditIQ or its affiliates, or their respective directors, officers, employees and agents, or any third-party supplier, provider, licensors or Servicers, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Sites and/or Services, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site and Services. Furthermore, you are responsible for compliance with all applicable U.S. federal, state and local laws, regulations and policies of all relevant jurisdictions. Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.

13. PRIVACY NOTICE

Your use of the Site and Services may involve the transmission of your personal information. CreditIQ’s notices regarding the collection and use of Personal Information is governed by the CreditIQ Privacy Policy and California Privacy Notice, both of which are hereby incorporated by reference in their entirety.

14. INTERNATIONAL ACCESS

The Site and Services are provided from the United States of America and Canada. The laws of other countries may differ regarding the access and use of the Sites or the Services. CreditIQ makes no representations regarding whether the Sites, the Services, or your access or use of the Site or Services complies with applicable laws, rules, or regulations or any country other than the United States of America or Canada. The export and re-export of software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to certain designated countries, or any country to which the United States embargoes goods. In addition, CreditIQ software may not be distributed to certain designated persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. If you use or access the Sites or the Services outside of the United States of America or Canada, it is your responsibility to ensure that your use complies with all applicable laws, rules, and regulations and, without limiting the generality of your obligations under the indemnity provisions these Terms and Conditions, you agree to indemnify, defend and hold the Indemnified Parties harmless from any Claim brought or asserted against any of the Indemnified Parties arising out of your use or access of any of the Sites or Services outside of the United States of America and Canada.

15. GOVERNING LAW; JURISDICTION

These Terms and Conditions and any transactions consummated thereunder shall be governed by and construed under the laws of the United States and of the State of Illinois, without regard to conflicts of law principles or rules thereof, and you agree to the venue in the courts within the State of Illinois. Any legal action arising out of or related to these Terms and Conditions and your access to and use of this Site and/or its Services must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT CREDITIQ AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY.  CreditIQ and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, any matters related to interpretation, construction, or enforcement, of these Terms and Conditions. If CreditIQ and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, CreditIQ and you shall submit any controversy or claim arising out of, or relating to, these Terms and Conditions to binding arbitration in the State of Illinois as set forth below.

16. CLASS ACTION

CREDITIQ AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO AND USE OF THE SITES AND/OR ITS SERVICES MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. CREDITIQ AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, CREDITIQ AND YOU AGREE THAT NEITHER YOU NOR CREDITIQ MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.

17. ARBITRATION

CreditIQ and you agree that this Section 17 shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq.  CreditIQ and you agree that any and all Claims shall be submitted to final and binding Arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules (www.adr.org/commercial) (“AAA Rules”). Judgment may be entered on the arbitration award by a court of competent jurisdiction. You agree that Claims submitted to arbitration shall be decided in a single arbitration before a single arbitrator who must be on the AAA National Roster of Commercial Arbitrators and selected in accordance with the AAA Rules. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and Conditions and chose to use the Site and the Services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.

18. CHANGES TO THESE TERMS AND CONDITIONS

CreditIQ reserves the right to update and periodically amend these Terms and Conditions at its discretion and at any time. If CreditIQ makes changes to these Terms and Conditions, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same.  If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. CreditIQ may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.

19. THIRD PARTY LINKS

This Site may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by CreditIQ. You agree that CreditIQ is not responsible or liable for the content, policies or practices of any third-party websites or for any non- CreditIQ products or services. CreditIQ does not sponsor or endorse such websites and is not responsible for the accuracy, content or any aspect thereof.  CreditIQ disclaims all liability for such websites, and for any use of the links to such websites or use of such websites themselves. CreditIQ also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other websites, and the offer or purchase of products or services on or through such other websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against CreditIQ arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. Links do not imply that CreditIQ is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CreditIQ or any of its affiliates.

20. MISCELLANEOUS

These Terms and Conditions supersedes all prior and contemporaneous agreements and understandings between you and CreditIQ relating to the Sites and the Services, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms and Conditions without the prior written consent of CreditIQ. CreditIQ may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and CreditIQ. These Terms and Conditions do not create any third party beneficiary rights. CreditIQ’s failure or delay in exercising any right, power or privilege under these Terms and Conditions will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms and Conditions. You and CreditIQ are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

21. CONTACT INFORMATION

By providing your email address, you agree that CreditIQ may send emails to you related to the Sites or the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the messages. CreditIQ may send any legal notices to you via email, notification by a message to your account, and/or regular mail.

Phone: 888.977.7773

Email: sales@creditiq.com

Finally, you may also mail us with general questions at:

CreditIQ, LLC c/o Cars.com

300 S Riverside Plaza, Suite 1000

Chicago, IL 60606

Effective Date: January 1, 2023