Terms of service
LAST UPDATE: NOVEMBER 15, 2017
Please carefully review these terms and conditions of use before using this site or accessing any data thereon. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you should exit this site immediately.
The following are terms of a legal agreement (the "Agreement") between you, individually and/or as an agent on behalf of an entity or another registered user ("you") and CredSocial and CredAppeal, Inc. ("CredSocial") that sets forth the terms and conditions for your use of this web site or mobile applications (the “Site”). The Site is owned and operated by CredSocial. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and CredSocial.
CredSocial reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. CredSocial may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
LIMITATIONS OF USE
The copyright in all material on this Site, including without limitation the text, data, articles, design, source, software, photos, images and other information (collectively the “Content”), is held by CredSocial or by the original creator of the material and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of CredSocial. You acknowledge that the Content is and shall remain the property of CredSocial. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without CredSocial’s prior written approval.
You also may not, without CredSocial’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into CredSocial’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. CredSocial makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by CredSocial.
Users of the Site must be U.S. Residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this Site.
CredSocial (including the CredSocial logo), CredSocial.com, and all related logos (collectively the “CredSocial trademarks”) are trademarks or service marks of CredSocial. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by CredSocial or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the CredSocial trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. CredSocial prohibits use of any of the CredSocial trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any CredSocial Trademarks, or whether any mark or logo is a CredSocial Trademark, should be referred to CredSocial.
LINKS TO THIRD-PARTY SITES
CONSENT TO DOING BUSINESS ELECTRONICALLY
By choosing to use the Site from time to time you will receive disclosures, notices, documents and information (“Communications”) from CredSocial, Inc or our respective agents (collectively, “we” or “us”). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Scope of Consent: You are agreeing and consenting to our providing you all Communications in electronic form, meaning email, phone call or SMS. This means that we will not provide paper Communications to you unless and until you withdraw your consent as provided below.
Minimum Requirements: You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
Withdrawing Consent: You may withdraw your consent to receive Communications electronically by contacting us at info@CredSocial.com or writing us at CredSocial, Inc 111 East 14th Street #399, New York, NY 10003. If you withdraw your consent, we reserve the right to limit or close your account. The withdrawal of your consent will not affect the legal validity and enforceability of any pending obligations obtained through CredSocial. You agree to pay any amount owed to CredSocial even if you withdraw Your consent and we close or limit access to your account.
Updating Records: Please keep us informed of any changes in your email, phone number and mailing address so that you continue to receive all Communications without interruption. To change this information, use the website. Or email us at info@CredSocial.com or write us at CredSocial, Inc 111 East 14th Street #399, New York, NY 10003.
DISCLAIMER OF WARRANTIES
None of CredSocial, its parent CredAppeal, Inc., any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “CredSocial Parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the CredSocial Parties disclaim liability for errors or omissions in the Content. This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The CredSocial Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. The CredSocial Parties may discontinue or make changes in the Content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and the CredSocial Parties do not undertake any obligation or responsibility to update or amend any such information. The CredSocial Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.
LIMITATION OF LIABILITY
Under no circumstances will the CredSocial Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CredSocial Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The CredSocial Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the CredSocial Parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
You agree to indemnify and hold harmless CredSocial Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the CredSocial Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. CredSocial Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of CredSocial. You further agree to indemnify and hold harmless CredSocial Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
CredSocial has no obligation to monitor the Site; however, you acknowledge and agree that CredSocial has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
SUBMISSIONS TO THE SITE
USE OF PERSONALLY IDENTIFIABLE INFORMATION
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by CredSocial to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
This Agreement is effective until terminated by CredSocial. CredSocial may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in CredSocial’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by CredSocial to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify CredSocial in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give CredSocial a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against CredSocial.
This Agreement shall be subject to any other agreements you have entered into with CredSocial.
By consenting to this Agreement, the user also consents to allowing the location and identity information(from your mobile carrier) of the users mobile phone to be used by us to locate and verify the device and that the location information is being shared with third parties for anti-fraud purposes.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to CredSocial’s designated agent. Notification should include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. You may contact CredSocial’s agent for notification of claimed copyright infringement by e-mail at legal@CredSocial.com or by regular mail at CredSocial, 111 East 14th Street #399, New York, NY 10003 Attention: Legal.
ELECTRONIC FUND TRANSFERS ("EFTs") and ACCOUNT BALANCES
When you open a Praxell User Account, you will link a checking or savings account to perform EFT and, if applicable, check deposit funds into your Praxell User Account. Deposits into your User Account are held by Praxell's financial institution partners as detailed in Praxell TOS.
DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.
All EFT transactions are performed by and deposits are held by our financial institution partner. CredSocial and Praxell only transmit transaction instructions to Praxell financial institution partner and do not hold deposits in your Praxell User Account. CredSocial will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your Praxell User Account detailed below.
Transactions History and Disputes
All questions regarding EFT transactions or your Praxell User Account must be directed to info@CredSocial.com. CredSocial is responsible for resolving issuers and errors relating to transactions and account balances. Balance information and transaction detail can be found at http://go.credsocial.com
If you have questions regarding the Agreement or the practices of CredSocial, please contact us by e-mail at legal@CredSocial.com or by regular mail at CredSocial, Inc 111 East 14th Street #399, New York NY 10003.
CredAppeal, Inc. and CredSocial. offers various products through the Sites (the "Services"), that can assess the value of virtual assets such as accrued pay or employee rewards (the "Virtual Assets") and may allow you to: View the value of your Virtual Assets or export the value for monetary transactions to your bank account, by assigning to CredSocial, the complete right, title and interest in those Virtual Assets. CredSocial may limit the total number of Virtual Assets that you can access at any given time or for a period of time. CredSocial also may deny access to your Virtual Assets if we reasonably believe such refusal is necessary or advisable for legal or security reasons and/or to protect the Services.
There are no fees to becoming a CredSocial Inc member. We do require a connected bank account or debit / credit card to identify and secure your virtual assets. Users may also make 100% voluntary additional payments referred to as ‘Tips’ or ‘Donations’ in appreciation of the services provided. In no way does a ‘Tip’ or ‘Donation’ alter the service or interfere with a customer’s ability to access ‘Virtual Assets’. Repayments and tips will be clearly defined prior to accepting the virtual asset exchange and will be drafted as a demand draft from any account registered to your account. CredSocial is not responsible for fees your bank may assess for using the CredSocial service and we reserve the right to charge a returned draft fee up to $35.00 for any check or payment that is returned to CredSocial for reprocessing.
Tips and donations are non-refundable.
USE OF THE SERVICES
When CredSocial advances your Virtual Assets to you, for valuable consideration, you sell and transfer to CredSocial, all right, title and interest in and to those Virtual Assets. You warrant to CredSocial Inc that the Virtual Assets are valid and due and that you have not received any payment for or assigned to another party the Virtual Assets or any part of the Virtual Assets. You further warrant that if you receive payment for the Virtual Asset, you will transfer those payments, or permit those payments to be transferred to CredSocial and you authorize us to charge your bank account or charge your debit card (if linked). We reserve the right to charge your bank account at any time as soon as we see a paycheck associated with the Virtual Assets deposited into your bank account. You agree that by taking an advance you will be able to meet basic living expenses and major financial obligations both during the time of the advance and for 30 days after paying back CredSocial Inc. Irresponsible use of the service such as too many advances in succession can trigger a 30 day non usage period.
If CredSocial is unable to access funds from your bank account to complete a payment that is owed, you agree to reimburse us immediately when funds become available that are associated or an incident to the Virtual Assets. While CredSocial Inc is helping users avoid overdraft fees, it is not responsible for any overdraft fees or any bank fees that result from your failure to maintain a sufficient balance in your bank account.
You must provide true, accurate, current, and complete information about your accounts maintained at CredSocial. Additionally, you represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
In order to use certain Services, CredSocial may be required by regulation and individual states to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity such as taxpayer identification number, phone number verification, or other financial instruments such as a credit report or If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
Your access and use of the Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that CredSocial, in its sole discretion, may elect to take. In no event will CredSocial be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
CLASS ACTION WAIVER AND BINDING ARBITRATION
This Arbitration Agreement is part of the CredSocial.com Terms of Service that governs your use of CredSocial’s apps, CredSocial.com or any CredSocial affiliated product. You and we agree to these terms.
Binding Arbitration and Class Action Waiver if your principal place of business is in the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
a. Disputes covered — everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and CredSocial Inc. or any CredSocial Inc. affiliate concerning CredSocial Inc’s mobile apps, websites, pricing, tips, donations, payments, loans, data, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to CredSocial Inc., ATTN: CREDSOCIAL ARBITRATION, 111 East 14th Street, #399, New York, NY 10003. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available online We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small claims court option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in the county of your principal place of business or Los Angeles, California, if you meet the court’s requirements. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.
d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use Bing Ads, or its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available to the AAA; mail a copy to CredSocial Inc at the address in Section (b). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in the county of your principal place of business or Los Angeles, California. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. e. Arbitration fees and payments.
Disputes involving $75,000 USD or less. CredSocial Inc. will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, CredSocial Inc will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them.
Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. Rejecting future arbitration changes. You may reject any change we make to this Arbitration Agreement (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address listed in Section (b) above. If you do, the most recent version of this Arbitration Agreement before the change you rejected will apply.
h. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement still applies.
i. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
j. CredSocial Inc. affiliates are third-party beneficiaries. CredSocial Inc. and other affiliates of CredSocial Inc, Inc. are not parties to this Arbitration Agreement but are third-party beneficiaries of your agreement with us to resolve disputes through informal negotiation and arbitration.
(1) Errors or Questions about Transactions
Please contact us by emailing us at info@CredSocial.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
(2) Time Periods
Ten-Day Time Period - CredSocial Inc. will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. CredSocial Inc. shall report the results to the consumer in writing within three business days after completing its investigation. CredSocial Inc. shall correct the error within one business day after determining that an error occurred.
Forty Five-Day Time Period - If CredSocial Inc. is unable to complete its investigation within 10 business days, CredSocial Inc. may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided CredSocial Inc. does the following:
(1) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. CredSocial Inc. need not provisionally credit the consumer's account if:
CredSocial Inc. does not receive written confirmation within 10 business days of an oral notice of error; or The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220) (2)Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; (3) Corrects the error, if any, within one business day after determining that an error occurred; and (4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
(3) Extension of time periods. The time periods described above may be extended as follows:
Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.