Terms of Use and End-User License Agreement

TERMS OF USE AND END-USER LICENSE AGREEMENT

The mission of the SpecialScores.com website, operated by Special Scores, LLC (“SpecialScores”, “Site”, “We”, “Us”, “Our”), is to empower individuals to exercise their personal privacy and economic rights. Your use of our website is governed by this “Terms of Use and End-User License Agreement” (“Terms of Use”, “Terms”, “EULA”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT ACCEPT THESE TERMS IN FULL, WHICH INCORPORATES OUR PRIVACY POLICY AND DISCLAIMER, YOU MUST IMMEDIATELY CLOSE YOUR BROWSER AND DISCONTINUE ALL USE OF THIS WEBSITE NOW AND IN THE FUTURE.

I. USER NOTICES

Special Scores, LLC is a Delaware-registered limited liability company. By using the SpecialScores.com website, operated by Special Scores, LLC, (hereinafter, “SpecialScores”, “Site,” or “Website”) or any SpecialScores applications or application plug-ins (“Applications”), you agree to follow and be bound by these Terms of Use and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “You” and “Your” refer to each customer, Site visitor, or Application user, “We”, “Us” and “Our” refer to Special Scores, LLC and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please discontinue your use of this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.

BECAUSE OF THE LEGAL REGULATIONS RELATED TO CREDIT REPORTING, THIS SITE IS CURRENTLY OFFERED EXCLUSIVELY FOR ADULTS. YOU ATTEST AND AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE PROHIBITED FROM USING THIS SITE; PLEASE CLOSE YOUR BROWSER AND DISCONTINUE ALL USE.

BECAUSE OF THE LEGAL REGULATIONS RELATED TO CREDIT REPORTING, THIS SITE IS CURRENTLY OFFERED EXCLUSIVELY FOR RESIDENTS OF THE UNITED STATES OF AMERICA. YOU ATTEST AND AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA AND YOU ARE NOT A RESIDENT OF ANY OTHER COUNTRY. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OF AMERICA, YOU ARE PROHIBITED FROM USING THIS SITE; PLEASE CLOSE YOUR BROWSER AND DISCONTINUE ALL USE.

BECAUSE OF THE LEGAL REGULATIONS RELATED TO CREDIT REPORTING, THIS SITE IS CURRENTLY OFFERED EXCLUSIVELY FOR UNAFFILIATED CONSUMERS. YOU ATTEST AND AGREE THAT YOU ARE NOT AN EMPLOYEE, OFFICER, AGENT, REPRESENTATIVE, COUNSEL, CONTRACTOR, SPOUSE, RELATION OR OTHERWISE CONNECTED OR AFFILIATED WITH ANY COMPANY OR ENTITY, IN THE PAST, PRESENT, OR FUTURE, CONSIDERED A CREDIT REPORTING AGENCY, A DATA FURNISHER, OR A DATA BROKER (“PROHIBITED CREDIT REPORTING AGENCY USER”). IF YOU ARE A PROHIBITED CREDIT REPORTING AGENCY USER, YOU ARE BANNED FROM USING THIS SITE; PLEASE CLOSE YOUR BROWSER AND DISCONTINUE ALL USE. IF YOU ARE A PROHIBITED CREDIT REPORTING AGENCY USER, YOU ACKNOWLEDGE AND AGREE THAT THE CREDIT REPORTING AGENCY, DATA FURNISHER, OR DATA BROKER WITH WHOM YOU ARE AFFILIATED MAY BE LIABLE FOR LIQUIDATED DAMAGES.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PERTINENT TERMS ARE ENUMERATED AT SECTION II, PARAGRAPH TEN (10).

Please also refer to the our Privacy Policy, Cookie Policy, Copyright Policy, Web Accessibility Statement, and Disclaimer, each of which is incorporated herein by reference.

Special Scores, LLC provides a website at SpecialScores.com to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Users need not download or even license SpecialScores software. The Site includes general information on commonly encountered legal issues. At no time do we review your personal information, facts, or circumstances for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.

Special Scores, LLC is not a law firm or substitute for an attorney or law firm. Special Scores, LLC may not perform services performed by an attorney. Special Scores, LLC provides access to independent attorneys and educational, self-help services at your specific direction. You acknowledge and agree that Special Scores, LLC is not providing any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Special Scores, LLC, its Services, and its forms or templates available are not a substitute for the advice or services of an attorney.

All trademarks, product names, logos, service marks, trade names, trade dress, and copyrighted material appearing on this Website and/or Service is the property of its respective owner(s). All trademarks, product names, logos, service marks, trade names, trade dress, and copyrighted material described or published on this Website and/or Service are for identification and educational purposes only. Special Scores, LLC is not affiliated with, or endorsed by, any credit reporting agency, furnisher of information, or data broker. Special Scores, LLC is not a credit repair organization.

SpecialScores strives to keep its information and materials accurate, current and up-to-date. However, because the law changes rapidly, SpecialScores cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind SpecialScores provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our information and materials, you must consult a licensed attorney in your area.

From time to time, SpecialScores may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to, third-party limited scope agreements or third-party attorney directory listings. At no time is an attorney-client relationship fostered or created with SpecialScores through the performance of any such services.

This Site and Applications are not intended to create any attorney-client relationship, and your use of SpecialScores does not and will not create an attorney-client relationship between you and SpecialScores. Instead, you are and will be representing yourself in any legal matter you undertake, regardless of whether you consulted any information or materials provided by SpecialScores.

II. USER ACKNOWLEDGMENTS

By and through your continued use of the Site, you hereby acknowledge and willfully agree to the following terms in full:

  1. Privacy Policy and Cookie Policy. SpecialScores respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found here and a complete statement of our current Cookie Policy can be found here. Our Privacy Policy and Cookie Policy are expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify SpecialScores immediately of any unauthorized use of your account, user name or password. SpecialScores shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by SpecialScores, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain SpecialScores products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant SpecialScores a worldwide, royalty-free, nonexclusive, perpetual, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by SpecialScores at any time by removing your personal information from the applicable service.

  1. Ownership and Intellectual Property. This Site and Applications are owned and operated by Special Scores, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Special Scores, LLC or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly authorized by Special Scores, LLC in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Special Scores, LLC’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Special Scores, LLC does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Special Scores, LLC. Any rights not expressly granted herein are reserved by Special Scores, LLC.
  1. Limited Permission to View. SpecialScores hereby grants you permission to view, link to, and/ or print the Materials on any single, stand-alone computer, tablet, cellular telephone (“smart phone”), or other device solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not improperly used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
  1. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than SpecialScores (each a “Third Party Site”). SpecialScores may work with partners or affiliates whose sites are linked with SpecialScores. SpecialScores may also provide links to other citations or resources with whom it is not affiliated. SpecialScores is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. SpecialScores makes no guarantees about the content or quality of the products or services provided by such sites. SpecialScores is not responsible for webcasting or any other form of transmission received from any Third Party Site. SpecialScores is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SpecialScores of the Third Party Site, nor does it imply that SpecialScores sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SpecialScores is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
  1. No Affiliation with Credit Reporting Agencies. On our Site and through our Application, we publish educational material and information pertaining to entities qualified as consumer credit reporting agencies, furnishers of information, and data brokers under applicable federal and state laws. Special Scores, LLC is not affiliated with, or endorsed by, any credit reporting agency, furnisher of information, or data broker.

To obtain a consumer report from a qualified credit reporting agency or data broker, you must contact such credit reporting agency or data broker directly. To dispute any portion of a consumer report from a qualified credit reporting agency, you must contact such credit reporting agency directly. To request a security freeze from a qualified credit reporting agency, you must contact such credit reporting agency directly. To request an “Opt-Out” of your information from a data broker, you must contact such data broker directly. If you are an agent, employee, or representative of a credit reporting agency, furnisher of information, or data broker, and you wish to add or update your relevant information in our materials, please contact us in writing at the “Legal Contact Information” below.

  1. Not a Credit Repair Organization. Special Scores, LLC is not a credit repair organization. On our Site and through our Application, we publish educational material and information pertaining to consumer credit reporting agencies, consumer credit reports, and consumer credit scores. Information and material available on our Site and through our Application is not sold or exchanged in return for the payment of money or other valuable consideration. Furthermore, information and material available on our Site and through our Application is not provided, and shall not be considered provided, for the express or implied purpose of: (i) improving any consumer’s credit record, credit history, or credit rating; or (ii) for providing advice or assistance to any consumer with regard to any activity or service for the express or implied purpose of improving any consumer’s credit record, credit history, or credit rating.
  1. Disclaimer of Copyrights and Trademarks. On our Site and through our Application, we publish educational material and information pertaining to entities qualified as consumer credit reporting agencies, furnishers of information, and data brokers under applicable federal and state laws. It is impossible to refer to certain credit reporting agencies, data brokers, and their products without using their names, which may be subject to copyright or trademark protection. The material and information we publish has abundant value as public, newsworthy, and educational value, and is firmly protected under the fair use doctrine and relevant law.

You hereby acknowledge and agree that all trademarks, product names, logos, service marks, trade names, trade dress, and copyrighted material appearing on this Website and/or Service is the property of its respective owner(s) and that you are not confused by such offerings. All trademarks, product names, logos, service marks, trade names, trade dress, and copyrighted material described or published on this Website and/or Service are for identification and educational purposes only. Special Scores, LLC does not claim ownership of trademarked or copyrighted materials, nor does the use of such materials imply license or endorsement.

  1. Limited License to Use. SpecialScores grants you a limited, personal, non-exclusive, non-transferable license to use our Website for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website in any manner and that you will not attempt to do so. You shall not remove any disclaimer, privacy policy, term of use, warning, or copyright notice from any portion of the Site.
  1. Resale of Information Prohibited. By using our Site, you agree that the information you acquire only be used by you for your personal use and may not be sold, redistributed, sub-licensed, republished, or otherwise reused without the express written consent of Special Scores, LLC.
  1. DISPUTE RESOLUTION BY INDIVIDUAL BINDING ARBITRATION.

Please read this carefully. It affects your rights.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

  1.  Summary:

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at Service@SpecialScores.com. In the unlikely event that SpecialScores is unable to resolve your complaint to your satisfaction (or if SpecialScores has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Moreover, in arbitration you may not recover attorney’s fees from SpecialScores to the same extent or more as you would in court. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, SpecialScores will pay all costs of the arbitration for users with demonstrated financial need. The arbitrator shall apply the same limitations period that would apply in court.

Under certain circumstances (as explained below), SpecialScores will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what SpecialScores offered you to settle the dispute.

You may speak with independent counsel before using this Site or completing any purchase. 

  1.  Arbitration Agreement:

(a) SpecialScores and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

– claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

– claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);

– claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

– claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “SpecialScores,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and SpecialScores are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to SpecialScores should be addressed to: Notice of Dispute, General Counsel, Special Scores, LLC, 1310 Old Freeport Road, #11541, Pittsburgh, PA 15238 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If SpecialScores and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SpecialScores may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SpecialScores or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SpecialScores is entitled. (You may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at https://www.adr.org.)

(c) Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, SpecialScores will pay it directly after receiving a written request at the Notice Address. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless SpecialScores and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which SpecialScores was a party. Except as otherwise provided for herein, SpecialScores will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse SpecialScores for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of SpecialScores’ last written settlement offer made before an arbitrator was selected, then SpecialScores will:

– pay you either the amount of the award or $500 (“the alternative payment”), whichever is greater; and

– pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your

– attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).

If SpecialScores did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of SpecialScores’ last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before SpecialScores’ settlement offer.

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws SpecialScores may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, SpecialScores will not seek such an award, for claims under $75,000.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SPECIAL SCORES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and SpecialScores agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

  1. Additional Terms. Some SpecialScores Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
  1. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, SpecialScores may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
  1. Rights and Responsibilities of SpecialScores. SpecialScores is not the publisher or author of the User Content. SpecialScores takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, SpecialScores takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at Service@SpecialScores.com for help.

If SpecialScores’ technical staff finds that files or processes belonging to a user or member pose a threat to the proper technical operation of the system or to the security of other members, SpecialScores reserves the right to delete those files or to stop those processes. If the SpecialScores technical staff suspects a username is being used by someone who is not authorized by the proper user, SpecialScores may temporarily disable that user’s access in order to preserve system security. In all such cases, SpecialScores will contact the member as soon as feasible.

SpecialScores has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

  1.  Rights and Responsibilities of SpecialScores Users or Other Posters of User Content. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any SpecialScores service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

– that is known by you to be false, inaccurate or misleading;

– that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;

– that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising). Please see Compliance with Export Restrictions below;

– that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;

– that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

– that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

– that contains any computer virus, worms, or other potentially damaging computer programs or files;

– that otherwise violates these Terms of Use.

Individuals that submit User Content do so at their own risk. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You grant SpecialScores a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

  1. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPECIAL SCORES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SPECIALSCORES MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SPECIALSCORES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF EXPRESSLY PROHIBITED BY THE LAWS IN YOUR STATE, THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD SPECIAL SCORES, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SPECIALSCORES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SPECIALSCORES, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF EXPRESSLY PROHIBITED BY THE LAWS IN YOUR STATE, THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Unsolicited Submissions. Except as may be required in connection with your use of SpecialScores Services, SpecialScores does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to SpecialScores through or in association with this Site shall be considered non-confidential and SpecialScores property. By providing such submissions to SpecialScores you hereby assign to SpecialScores, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. SpecialScores shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
  1. Compliance with Intellectual Property Laws. When accessing SpecialScores, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your SpecialScores user account.

SpecialScores has adopted a Copyright Policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of SpecialScores or of a third party or that violate intellectual property rights generally. SpecialScores’ policy is to remove such infringing content or materials and investigate such allegations immediately.

  1. Inappropriate Content. When accessing the Site, any Applications, or using SpecialScores’ Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. SpecialScores reserves the right to terminate or delete such material from its servers. SpecialScores will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  1. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
  1. Personal Use. The site is made available for your personal use on your own behalf. Commercial, corporate, or for-profit use of this Site is strictly prohibited. You acknowledge and agree that you will use the Site and its resources only for personal use on your own behalf.
  1. Children. Minors (individuals under the age of eighteen (18)) are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
  1. Non-English-Speaking Customers. Certain materials on the Site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
  1. Customers Needing Extra Assistance. SpecialScores aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the SpecialScores website, or otherwise have difficulties using the SpecialScores website, please call (412) 345-1093 and our team will assist you.
  1. Choice of Law and Forum.  Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in Section II, Paragraph 10 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

(a) Choice of Law: These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be controlled by the laws of the State of Delaware without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.

(b) Forum: If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and SpecialScores, will be brought exclusively in the courts located in Allegheny County, Pennsylvania or the U.S. District Court for the Western District of Pennsylvania. In such cases, you and SpecialScores agree to submit to the personal jurisdiction of the courts located within the Allegheny County, Pennsylvania or the Western District of Pennsylvania, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

  1. Copyrights. All Site design, text, graphics and the selection and arrangement thereof, is Copyright ©, Special Scores, LLC. ALL RIGHTS RESERVED.
  1. Trademarks. SpecialScores, SpecialScores.com, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Special Scores, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
  1. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse SpecialScores as paid spokespeople in our advertising campaigns.
  1. Inquiries. BY USING SPECIALSCORES’ SERVICES OR ACCESSING THE SPECIALSCORES SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO SPECIALSCORES VIA THE SPECIALSCORES SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO SPECIALSCORES, AND THAT SPECIALSCORES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
  1. Right to Refuse. You acknowledge that SpecialScores reserves the right to refuse service to anyone and to cancel user access at any time.
  1. Waiver. The failure of SpecialScores to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  1. Severability of Terms. If any provision (or part of a provision) of these Terms is found to be invalid, SpecialScores and you nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
  1. Assignment by SpecialScores. SpecialScores may freely assign these Terms of Use and End-User License Agreement and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers, ventures, or liquidations).
  1. Acknowledgement. BY USING THE SERVICES OF SPECIALSCORES OR ACCESSING THE SPECIALSCORES.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND WILLFULLY AGREE TO BE BOUND BY THEM IN FULL.

v1.1. Last updated: 4/5/19.