PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Membership with TU and registration via its site is offered at no charge. Applicants who complete the online profile and submit their registration to TU via the site shall become active members upon TU approval.
The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with TU or any of its vendor partners for products, services, or otherwise.
Origin and Modification of Site Terms
This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. TU reserves the right to modify these Site Terms in its sole discretion from time to time and only TU has the right to do so. If the Site Terms are changed, TU will post the new terms on the Site. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
License and Site Access; Prohibited Use
TU grants you a limited license to make personal use only of the Site. Under this limited license, you are not authorized to participate in any re-sale, commercial use of the Site or its contents, or any other use not intended by TU. This restriction is comprehensive; in addition to the above restrictions, this limited license prohibits (a) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any TU trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (b) the collection and use of any affiliated vendor partner trademarks, information, listings, schedules or descriptions of services; (c) making derivative uses of the Site and any Site Materials; or (d) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
TU may terminate this license, your membership and access to the Site if you make or permit any unauthorized use of this Site. Unauthorized use of the Site may violate state and federal laws, including but not limited to, copyright and trademark law. We reserve the right to prosecute any violation of this Agreement to the full extent of the law. Upon termination, these Site Terms shall still apply.
Account Access and Security
You are responsible for maintaining the confidentiality of your membership information, including your account login and password and for restricting access to your computer. Choose a strong username and password. You agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify TU immediately. TU reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While TU takes prudent steps to protect your account and the Site, it can not protect your information outside of the Site. For example, when TU communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. TU may rely on the authority of anyone accessing your account or using your password and in no event will TU be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of TU under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
All access to and use of this Site is governed by and subject to the Site Terms. TU may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. TU has the right, but not the obligation, to take any action it deems appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that TU believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights.
The Site and all Site Materials are owned by TU and others and are protected by United States and international copyright, trademark and other laws. TU and its respective designs and logos may not be copied, imitated or used, in whole or in part, without the prior written permission of TU. In addition, all page headers, custom graphics, button icons, and scripts may not be copied, imitated, or used, in whole or in part, without the prior written permission of TU. All other trademarks, registered trademarks, product or service names and company names or logos of TU's affiliates and vendors referenced herein or on the Site are the property of their respective owners and are protected by United States and international copyright, trademark and other laws and may not be copied, imitated or used without the written permission of the owner. All of the foregoing is collectively referenced throughout the remainder of this Agreement as the Intellectual Property.
The Intellectual Property may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TU or the respective Intellectual Property owner. Any commercial use, reproduction for purposes other than as authorized herein, modification, distribution, republication, display, or performance - without the prior written permission of TU - is strictly prohibited.
Registration and Personal Information
You remain solely liable for the content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless TU and its parents, subsidiaries, affiliates, owners, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on your behalf will be considered violations of these Site Terms by you.
Third Party Information and Links
To provide our Members with the highest level of service, TU may from time to time post information provided to TU by third party vendor partners on this Site. TU may also from time to time embed links on this site to websites which are independently owned, operated and maintained by our vendor partners. TU provides this third party information and these links to access third party web sites as a service to those Members that may be interested in the information. TU does not control such information or websites, and is not responsible for the content and performance of these sites or your interaction(s) with them. TU neither regularly monitors nor assumes responsibility for the content of third parties' statements or web sites. Accordingly, TU does not endorse or adopt these web sites or any information contained therein. TU makes no representations or warranties whatsoever regarding their accuracy or completeness.
TU: (a) reserves the right to modify, revise or alter any Site Material including, but not limited to, TU or vendor partner program(s), program term(s), price(s), or specification(s) for any program benefit, good or service, any promotional offer(s) and/or any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that any of the goods, services or related components of any Member programs advertised or offered on this Site will be available when you register, request or thereafter; (c) does not warrant that the Site Materials (including without limitation goods, services, or program descriptions) are accurate, complete, reliable, current or error-free; and (d) reserves the right to cancel, to terminate or not to process registrations or requests for any Member benefit where the material information on this Site is inaccurate or when TU recognizes any abuse of its policies.
Disclaimer of Warranties
THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. TU DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TU IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. TU DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF TU OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, IS AT YOUR SOLE RISK.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TU AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF TU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TU (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $10.00 OR THE COMPENSATION YOU PAID TU, WHICHEVER IS LESS.
You agree to defend, indemnify and hold TU, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Site; (b) your use of the Site; (c) any violation by you of this Agreement; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of this Agreement and/or your membership with TU or use of the Site. You acknowledge that you are responsible for all use of your account and that this Agreement applies to any and all usage of your account. You agree to comply with this Agreement and to defend, indemnify and hold harmless TU from and against any and all claims and demands arising from usage of your account, whether or not you expressly authorize such use.
Choice of Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Arizona. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Phoenix, Arizona. You further agree that any and all agreements between you and TU related to either your membership or the use of this Site are to be performed, completely, in the State of Arizona. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of this Agreement.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions