Credit Yogi

Terms and Conditions

Last Updated: April 21, 2023

Credit Yogi ™ {www.credit-yogi.com (the “site”, the “website”)} is a domain owned by OCONCO Marketing, Inc. (“company,” “we,” “our” or “us”). This is our website Terms and Conditions, in their entirety, for users while accessing, opting in, interacting with, viewing, or visiting the website. This is including but not limited to: forms, offers, blog posts, social comments, text, chat, video, podcasts, widgets, spreadsheets, tools, promotional materials, other interactive features including AI, any of the aforementioned comments sections, feedback and/or otherwise any type of informational/audio/visual content reviewed in any way or downloaded; together with any Third-Party Links, product and/or service providers including online aggregators (“use”, “using”, “visit”, visits”, “visiting”).

Offers include but are not limited toservices, advertisements, free information, discounts, freebies, contests, products, services, as well as other promotional incentives and domains owned by the company.

Collectively known as the “Agreement” are the Credit Yogi ™ Privacy Policy all other applicable rules, policies, schedules, and additional amendments, conditions, or documents that may be published from time to time and which are expressly included herein by reference. Users agree to abide by and be bound by the whole Agreement by using, opting in and/or accessing the website’s offers or content.

PLEASE READ THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN FULL, THAT USER IS NOT AUTHORIZED TO USE ANY PART OF THE SITE.

THE AGREEMENT CONTAINS EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY, WAIVERS OF CLASS ACTIONS, AND THE RRQUIREMENT THAT ANY AND ALL CLAIMS ARISING UNDER IT BE RESOLVED THROUGH ARBITRATION.

PLEASE BE ADVISED THAT ANY RELIANCE YOU PLACE ON THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE TO YOU BY OR VIA THE WEBSITE IS STRICKLY AT YOUR OWN RISK WITHOUT ANY WARRANTIES OF ANY KIND.

THE COMPANY ITSELF DOES NOT PROVIDE PRODUCTS OR SERVICES RELATED TO THE OFFERS OR ADVERTISEMENTS ON THE SITE.  THOSE TERMS AND CONDITIONS WILL BE DETERMINED BY THE RELEVENT ADVERTIZER, PRODUCT, OR SERVICE PROVIDER.

Scope; Agreement Modification

The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of any part of the site or its offers, and supersedes all prior or concurrent agreements, representations, warranties and/or understandings. Company may, at any time and without previous notice to Users, modify the Agreement in its sole discretion; however, amendments or modifications shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any part of the site. By a User’s continued use of the Site, that User agrees to comply with the entire Agreement effective at that time.

Site and Offers Modification

Company reserves the right in its sole discretion, and without notice, to edit and/or delete any offer, documents, materials, information or content appearing on the Site.

Requirements: Termination of Access to the Site&Offers.

To preserve the integrity and functionality of our website and offers, as well as customer enjoyment, any use or related activity that is detrimental to, inconsistent with, or disruptive, are expressly unauthorized and prohibited.

Offers are available only to individuals who can enter into legally binding contracts under applicable law and are not intended for those under eighteen (18) years of age. If a User is unable to enter legally binding contracts under applicable law, that User does not have permission to use any part of the Site.

Conduct of a user contrary to these requirements is considered a breach of the Agreement.  Company may terminate a User’s access to the Site at any time for any reason, in its sole discretion.

Contact Services,Examples of Data Disclosures.

Where a User attempts to utilize the Contact Services, electronically or by phone, each User agrees to provide current, complete, and accurate information. That User may be required to submit, and Company may collect, some or all of the following information: The categories of personal data which are necessary to provide the services are:

  • User’s full name, title, gender, date of birth, address, postcode, place of residence and similar data required for communication.
  • Contact data such as (mobile) telephone number and email address.
  • Consent data including name, surname, e-mail address, IP address, Date/Time and copy of campaign materials.
  • Preferences or (confirmed) opt-in requests how to be contacted via email, mobile phone number and sms or mms.
  • Opt-out request not to be contacted for marketing purposes at all.
  • Preferences for different kinds of promotions, goods or services or information.
  • Prize winner data, including photo of the prize winner when disclosed.
  • Additional information requests and/or contact history.
  • Customer specific feedback, testimonials, product, or service ratings.

Sharing of Personal Data

Company’s use of Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

The sectors, in which data isdisclosedand in agreement with our privacy policyare:

Charity, Telecoms, Telecommunication, Utilities, Solar, Home Improvements and Repairs, Broadcasting, Wills, Funeral Plans, Legal Advice, Automotive, Shopping, Beauty and Health, Financial services (only contact data), Travel, Leisure, Games, Trivia, Mobile Service Providers, and Real Estate.

Additionally, postal data including name and address may be shared with third-party advertisers for direct mail marketing.

Personal data is not shared or sold without prior informed opt-in consent. Contact Data may be shared with one (1) or more Advertiser, Product or Service Provider; and therefore, a user may be contacted by Company and/or one (1) or more Advertiser, Product or Service Provider regarding user’s request

 

Feedback, Electronic Communications

When a user corresponds with us digitally through chat, contact forms, or emails. That user gives us permission to communicate with them online. We can be reached by email or by reading the announcements issued on our websites and online services. User concurs that all contracts, notifications, disclosures, and other communications delivered electronically satisfies all written communication requirements established by law and automatically grants and assigns to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided.

Electronic Contracting

USER ACKNOWLEDGES THAT THEIR ELECTRONIC SUBMISSIONS CONSTITUTE THEIR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. USER AGREES AND INTENDS TO BE BOUND BY ELECTRONIC SUBMISSIONS WHICH APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS THEY ENTER INTO, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

It is the User’s responsibility to access and retain electronic records, even if certain hardware and software may be required.

Non-Endorsement; Passive Conduit. Third- Party Links

Company does not sponsor, recommend, or endorse any Advertiser, Product or Service Provider that is accessible by or through the site. Advertisers, Product or Service Providers that are accessible by and through the site pay a fee for access to User traffic on the site. Company does not guarantee that Users will successfully obtain related products and/or services through the Site’s Offers.

Company in no way endorses the content or legality of any responses, statements, or promises made by the Advertisers, Product, or Service Providers. Users are solely responsible for their interactions with them and any third party. The Content is offered for informational purposes only.

Advertisers, Product, or Service Providers accessible through the site may provide links to other websites and online resources. Because we have no control over such websites and resources, User acknowledges and agrees that we, including but not limited to all respective directors, officers, employees, contractors, agents, representatives, licensors, suppliers and service providers, are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials.

Company andits representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between a user and any other user, person or organization. Users must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, or due diligence with respect to their interactions with others.

The determination of the need for specific products and/or services and the choice of a product and service provider are extremely important decisions which should not be based solely on advertisements or claims of expertise or special offers by any Advertiser, Productor Service Provider. Company does not review the standing of any Advertiser, Product or Service Provider with any regulatory authority and/or governmental agency. Therefore, Company makes no representation regarding the status, standing or ability of any Advertiser, Productor Service Provider accessed through the site.

Interactingwith the Site and Offers

According to these restrictions, without limitation, Users may be able to interact, post comments, and engage in other interactive communication, by and through the Site or it’s Offers. While interacting, each User is solely responsible for their comments, opinions, statements, offers, propositions, feedback, and other content (collectively, “Feedback”).Company reserves the right to prohibit any conduct by Users, remove any materials, or Feedback posted by Users that Company deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Company believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Company to harm, damage to reputation or liability. Notwithstanding the foregoing, Company is notresponsiblefor monitoring or otherwise policing the actions of Users, Feedback and/or other material posted by Users and/or other third parties. Company has no obligation or liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. Each user agrees to interact in a manner that is in full compliance with, all applicable laws and regulations.

User agrees not to display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; display or post any materials containing confidential information; display any materialsconsidered indecent or obscene in your community, as defined under applicable law;  impersonate any person or entity; “stalk” or otherwise harass any person; engage in unauthorized advertising or solicitation of other Users; transmit any chain letters, spam or junk e-mail to other Users;  harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or it’s offers; infringe on any copyrights or other proprietary rights; interfere with or disrupt the Site and/or the servers or networks connected to same; transmit any software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunication software or hardware; post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal such as, spyware, adware, or spamware  or brute attack programs or programs designed to gain unauthorized access to servers, hard drives, mobile other networks; “frame” or “mirror” any part of the Site; use code or other devices to direct any person to any other application or website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of the Site or. Company reserves the right to pursue any and all legal remedies against Users that engage in any of the aforementioned prohibited conduct.

Representations and Warranties

User represents and warrants to Company the Agreement constitutes User’s legal, valid, and binding obligation which is fully enforceable against the User in accordance with its terms and conditions. User acknowledges and agrees that they have independently assessed whether using the Site or its Offers is desirable and that they have not relied on any representations and/or warranties other than those stated in the Agreement.

Indemnification

Each User agrees to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of the Agreement. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

Disclaimers

USER’S ACCESS TO, USE OF AND RELIANCE ON OUR SITE AND OFFERS AND CONTENT ACCESSED THROUGH THE SITE AND OFFERS IS ENTIRELY AT YOUR OWN RISK. THE SITE AND OFFERS(INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND OFFERSAND CONTENT ACCESSED THROUGH OUR SITE AND OFFERS; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND OFFERSOR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE AND OFFERSOR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS(INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE AND OFFERSOR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND OFFERSOR CONTENT ACCESSED THROUGH OUR SITE AND OFFERSBY USERS OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE AND OFFERSOR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS; ANY INABILITY TO ACCESS OR USE OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS. NOTHING IN THE AGREEMENT WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND OFFERSOR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE AND OFFERS AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE AND OFFERS).

IN NO EVENT WILL WE OR OUR REPRESENTATIVES BELIABLE IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID A PROVIDER ACCESSED THROUGH OUR SITE OR OFFERS ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE AND OFFERS AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our site and offers or content accessed through our site and offers, or any interactions with others arising out of or related to our site and offersor content accessed through our site and offers, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

License Grant

Each User is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site and Offers. Company may terminate this license at any time for any reason. Unless authorized in writing by Company, The Site and Offers may only be used by Users for their own individual, non-commercial purposes. No portion of the Site or Offers may be copied or included in any mechanical or electronic information retrieval system. Except as expressly approved by Company, no User or other third party may access, query, or otherwise gather content from the Site and/or Offers via an automated method or method of data extraction.No User or other third party is permitted to modify any component of the Siteor Offers in order to produce any “derivative works.” The Site and/or Offers may not be used in connection with any other third-party content by Users or other parties. No aspect of the Site or Offers may be used by a User or other third party for any commercial purposes unless expressly authorized, in writing,  by the company. Each User also consents to indemnify and hold Company harmless for any violations of this Section by that User. Any rights not expressly granted in the Agreement are reserved by the Company, unless otherwise expressly permitted. The Site and Offers, in whole or in part, may not be used by Users or other third parties, nor may they be copied, emulated, cloned, rented, sold, modified, decompiled, disassembled, reverse-engineered, or otherwise transferred.

Ownership Rights

The Site is covered by applicable copyrights, trademarks, and other intellectual property rights. This protection extends to the company, the reasonable compilationof related materials, information, and processes. To copy, distribute, or publishes any part of the intellectual property is strictly prohibited. In relation to any information, seen via the Site or Company, no User or other third party will acquire ownership rights. Ownership rights are not waived by the posting information or materials by and through the Site.

Legal Warning

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Company, The Siteor Offers is a violation of criminal and civil law. Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

Damages

We have the option of pursuing real or liquidated damages. Useragrees to compensate us for all actual losses (including, without limitation, direct, indirect, consequential, and incidental damages) resulting from any violation of this Agreement for which User bears responsibility, in addition to any injunctive relief; Except that User acknowledges that it may be impossible or extremely difficult to calculate real damages for some Agreement violations. Consequently, Useragrees is a reasonable assessment and consents to pay liquidated damages for such violations of this Agreement of $100 per incident which are deemed unethical and disruptive acts, but not illegal,by an independent 3rd party arbitrator and liquidated damages of $1000 per incident which is deemed unethical and disruptive acts that are illegal by an independent 3rd party arbitrator.

 

Injunctive Relief

User acknowledges and agrees that any violation or breach of the Agreement may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of the Agreementor other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Agreement. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in the Agreement, including but not limited to by preliminary or permanent injunction.

Dispute Resolution; Arbitration

We believe we will be able to resolve most disputes or issues Users may have using our Site and Offers. In the unlikely event we are not able to resolve a dispute Company and User both agree to the following resolution process:

First discuss the matter informally with us for at least 30 daysto find ways to solve the issue. A written letter outlining your concern and your proposed solution mailed to:OCONCO Marketing, Inc. 212 Fenn St Suite 225 Pittsfield, MA 01201

If we are unable to mutually agree upon a resolution for the claim you may have against us regarding the Agreement or our Site and Offersafter the 30-day period, you agree  to resolved the issue through binding arbitration within one (1) year following the date on which the claim originated; otherwise, the claim is waived.

Arbitration will be administered by Judicial Arbitration and Mediation Servicesand governed by the then current JAMS Streamlined Arbitration Rules and Procedures. Resolved directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

You agree that arbitration will be exclusively held in Massachusetts and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. To select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. An arbitrator will be selected from remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to consult an attorney.

Miscellaneous

To the extent that anything in or associated with the Site and/or Offers is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.

Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of the provision nor of the right to enforce such provision. No agency or partnership relationship is created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to User. The Agreement, may not however, be assigned by User, and User may not delegate their duties under it.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of that section.

Contact Us

If you have any questions about the Agreement, Website and/or Offers, or the practices of Company, you may email us as at:customerservice@credit-yogi.com

California Consumer Rights and Notices

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

Scope; Agreement Modification
The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of any part of the site or its offers, and supersedes all prior or concurrent agreements, representations, warranties and/or understandings. Company may, at any time and without previous notice to Users, modify the Agreement in its sole discretion; however, amendments or modifications shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any part of the site. By a User’s continued use of the Site, that User agrees to comply with the entire Agreement effective at that time.
Site and Offers Modification
Company reserves the right in its sole discretion, and without notice, to edit and/or delete any offer, documents, materials, information or content appearing on the Site.
Requirements: Termination of Access to the Site & Offers.

To preserve the integrity and functionality of our website and offers, as well as customer enjoyment, any use or related activity that is detrimental to, inconsistent with, or disruptive, are expressly unauthorized and prohibited.
Offers are available only to individuals who can enter into legally binding contracts under applicable law and are not intended for those under eighteen (18) years of age. If a User is unable to enter legally binding contracts under applicable law, that User does not have permission to use any part of the Site.

Conduct of a user contrary to these requirements is considered a breach of the Agreement. Company may terminate a User’s access to the Site at any time for any reason, in its sole discretion. 

Contact Services, Examples of Data Disclosures.

Where a User attempts to utilize the Contact Services, electronically or by phone, each User agrees to provide current, complete, and accurate information. That User may be required to submit, and Company may collect, some or all of the following information: The categories of personal data which are necessary to provide the services are:

  • User’s full name, title, gender, date of birth, address, postcode, place of residence and similar data required for communication.
  • Contact data such as (mobile) telephone number and email address.
  • Consent data including name, surname, e-mail address, IP address, Date/Time and copy of campaign materials.
  • Preferences or (confirmed) opt-in requests how to be contacted via email, mobile phone number and sms or mms.
  • Opt-out request not to be contacted for marketing purposes at all.
  • Prize winner data, including photo of the prize winner when disclosed.
  • Additional information requests and/or contact history.
  • Customer specific feedback, testimonials, product, or service ratings.
Sharing of Personal Data

Company’s use of Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

The sectors, in which data is disclosed and in agreement with our privacy policy are:

Charity, Telecoms, Telecommunication, Utilities, Solar, Home Improvements and Repairs, Broadcasting, Wills, Funeral Plans, Legal Advice, Automotive, Shopping, Beauty and Health, Financial services (only contact data), Travel, Leisure, Games, Trivia, Mobile Service Providers, and Real Estate.
Additionally, postal data including name and address may be shared with third-party advertisers for direct mail marketing.
Personal data is not shared or sold without prior informed opt-in consent. Contact Data may be shared with one (1) or more Advertiser, Product or Service Provider; and therefore, a user may be contacted by Company and/or one (1) or more Advertiser, Product or Service Provider regarding user’s request

Feedback, Electronic Communications

When a user corresponds with us digitally through chat, contact forms, or emails. That user gives us permission to communicate with them online. We can be reached by email or by reading the announcements issued on our websites and online services. User concurs that all contracts, notifications, disclosures, and other communications delivered electronically satisfies all written communication requirements established by law and automatically grants and assigns to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided.

Electronic Contracting

USER ACKNOWLEDGES THAT THEIR ELECTRONIC SUBMISSIONS CONSTITUTE THEIR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. USER AGREES AND INTENDS TO BE BOUND BY ELECTRONIC SUBMISSIONS WHICH APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS THEY ENTER INTO, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

It is the User’s responsibility to access and retain electronic records, even if certain hardware and software may be required.

Non-Endorsement; Passive Conduit. Third- Party Links

Company does not sponsor, recommend, or endorse any Advertiser, Product or Service Provider that is accessible by or through the site. Advertisers, Product or Service Providers that are accessible by and through the site pay a fee for access to User traffic on the site. Company does not guarantee that Users will successfully obtain related products and/or services through the Site’s Offers.
Company in no way endorses the content or legality of any responses, statements, or promises made by the Advertisers, Product, or Service Providers. Users are solely responsible for their interactions with them and any third party. The Content is offered for informational purposes only.

Advertisers, Product, or Service Providers accessible through the site may provide links to other websites and online resources. Because we have no control over such websites and resources, User acknowledges and agrees that we, including but not limited to all respective directors, officers, employees, contractors, agents, representatives, licensors, suppliers and service providers, are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials.

Company and its representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between a user and any other user, person or organization. Users must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, or due diligence with respect to their interactions with others.

The determination of the need for specific products and/or services and the choice of a product and service provider are extremely important decisions which should not be based solely on advertisements or claims of expertise or special offers by any Advertiser, Product or Service Provider. Company does not review the standing of any Advertiser, Product or Service Provider with any regulatory authority and/or governmental agency. Therefore, Company makes no representation regarding the status, standing or ability of any Advertiser, Product or Service Provider accessed through the site.

Interacting with the Site and Offers

According to these restrictions, without limitation, Users may be able to interact, post comments, and engage in other interactive communication, by and through the Site or it’s Offers. While interacting, each User is solely responsible for their comments, opinions, statements, offers, propositions, feedback, and other content (collectively, “Feedback”). Company reserves the right to prohibit any conduct by Users, remove any materials, or Feedback posted by Users that Company deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Company believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Company to harm, damage to reputation or liability. Notwithstanding the foregoing, Company is not responsible for monitoring or otherwise policing the actions of Users, Feedback and/or other material posted by Users and/or other third parties. Company has no obligation or liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. Each user agrees to interact in a manner that is in full compliance with, all applicable laws and regulations.

User agrees not to display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; display or post any materials containing confidential information; display any materials considered indecent or obscene in your community, as defined under applicable law; impersonate any person or entity; “stalk” or otherwise harass any person; engage in unauthorized advertising or solicitation of other Users; transmit any chain letters, spam or junk e-mail to other Users; harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or it’s offers; infringe on any copyrights or other proprietary rights; interfere with or disrupt the Site and/or the servers or networks connected to same; transmit any software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunication software or hardware; post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal such as, spyware, adware, or spamware or brute attack programs or programs designed to gain unauthorized access to servers, hard drives, mobile other networks; “frame” or “mirror” any part of the Site; use code or other devices to direct any person to any other application or website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of the Site or. Company reserves the right to pursue any and all legal remedies against Users that engage in any of the aforementioned prohibited conduct.

Representations and Warranties

User represents and warrants to Company the Agreement constitutes User’s legal, valid, and binding obligation which is fully enforceable against the User in accordance with its terms and conditions. User acknowledges and agrees that they have independently assessed whether using the Site or its Offers is desirable and that they have not relied on any representations and/or warranties other than those stated in the Agreement.

Indemnification

Each User agrees to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of the Agreement. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

Disclaimers

USER’S ACCESS TO, USE OF AND RELIANCE ON OUR SITE AND OFFERS AND CONTENT ACCESSED THROUGH THE SITE AND OFFERS IS ENTIRELY AT YOUR OWN RISK. THE SITE AND OFFERS (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITE AND OFFERS AND CONTENT ACCESSED THROUGH OUR SITE AND OFFERS; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITE AND OFFERS OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS BY USERS OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS; ANY INABILITY TO ACCESS OR USE OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS. NOTHING IN THE AGREEMENT WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITE AND OFFERS AND LINKS IN CONTENT ACCESSED THROUGH OUR SITE AND OFFERS).

IN NO EVENT WILL WE OR OUR REPRESENTATIVES BE LIABLE IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITE AND OFFERS OR CONTENT ACCESSED THROUGH OUR SITE AND OFFERS BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID A PROVIDER ACCESSED THROUGH OUR SITE OR OFFERS ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITE AND OFFERS AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our site and offers or content accessed through our site and offers, or any interactions with others arising out of or related to our site and offers or content accessed through our site and offers, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

License Grant

Each User is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site and Offers. Company may terminate this license at any time for any reason. Unless authorized in writing by Company, The Site and Offers may only be used by Users for their own individual, non-commercial purposes. No portion of the Site or Offers may be copied or included in any mechanical or electronic information retrieval system. Except as expressly approved by Company, no User or other third party may access, query, or otherwise gather content from the Site and/or Offers via an automated method or method of data extraction. No User or other third party is permitted to modify any component of the Site or Offers in order to produce any “derivative works.” The Site and/or Offers may not be used in connection with any other third-party content by Users or other parties. No aspect of the Site or Offers may be used by a User or other third party for any commercial purposes unless expressly authorized, in writing, by the company. Each User also consents to indemnify and hold Company harmless for any violations of this Section by that User. Any rights not expressly granted in the Agreement are reserved by the Company, unless otherwise expressly permitted. The Site and Offers, in whole or in part, may not be used by Users or other third parties, nor may they be copied, emulated, cloned, rented, sold, modified, decompiled, disassembled, reverse-engineered, or otherwise transferred.

Ownership Rights

The Site is covered by applicable copyrights, trademarks, and other intellectual property rights. This protection extends to the company, the reasonable compilation of related materials, information, and processes. To copy, distribute, or publishes any part of the intellectual property is strictly prohibited. In relation to any information, seen via the Site or Company, no User or other third party will acquire ownership rights. Ownership rights are not waived by the posting information or materials by and through the Site.

Legal Warning

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Company, The Site or Offers is a violation of criminal and civil law. Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

Damages

We have the option of pursuing real or liquidated damages. User agrees to compensate us for all actual losses (including, without limitation, direct, indirect, consequential, and incidental damages) resulting from any violation of this Agreement for which User bears responsibility, in addition to any injunctive relief; Except that User acknowledges that it may be impossible or extremely difficult to calculate real damages for some Agreement violations. Consequently, User agrees is a reasonable assessment and consents to pay liquidated damages for such violations of this Agreement of $100 per incident which are deemed unethical and disruptive acts, but not illegal, by an independent 3rd party arbitrator and liquidated damages of $1000 per incident which is deemed unethical and disruptive acts that are illegal by an independent 3rd party arbitrator.

Injunctive Relief

User acknowledges and agrees that any violation or breach of the Agreement may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of the Agreement or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Agreement. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in the Agreement, including but not limited to by preliminary or permanent injunction.

Dispute Resolution; Arbitration

We believe we will be able to resolve most disputes or issues Users may have using our Site and Offers. In the unlikely event we are not able to resolve a dispute Company and User both agree to the following resolution process:

First discuss the matter informally with us for at least 30 days to find ways to solve the issue. A written letter outlining your concern and your proposed solution emailed to: OCONCO Marketing’s address which can be found at www.oconcoMarketing.com or customerservice@credit-yogi.com

If we are unable to mutually agree upon a resolution for the claim you may have against us regarding the Agreement or our Site and Offers after the 30-day period, you agree to resolved the issue through binding arbitration within one (1) year following the date on which the claim originated; otherwise, the claim is waived.

Arbitration will be administered by Judicial Arbitration and Mediation Services and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. Resolved directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Massachusetts and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. To select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. An arbitrator will be selected from remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to consult an attorney.

Miscellaneous

To the extent that anything in or associated with the Site and/or Offers is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.

Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of the provision nor of the right to enforce such provision. No agency or partnership relationship is created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to User. The Agreement, may not however, be assigned by User, and User may not delegate their duties under it.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of that section.

Contact Us
If you have any questions about the Agreement, Website and/or Offers, or the practices of Company, you may email us as at: customerservice@credit-yogi.com
California Consumer Rights and Notices

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

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