Acceptance of Yellow Brick Terms of Use
Yellow Brick LLC (“Yellow Brick") requires that all visitors ("you") to
our web site ("Site") abide by the following Terms of Use ("TOU"). By accessing
and using the Site you indicate your agreement to these TOU. If you do not agree
to these TOU, please do not access or use the Site.
Description of Services:
The Site provides you with access to information concerning credit and debt
management, products and services offered by independent and affiliated service
providers and a variety of resources, including but not limited to articles,
tools and calculators, download areas, communication forums, and product
information (collectively "Services"). The Services, including any
modifications, deletions, updates, enhancements and new features (collectively
"Site Changes") are subject to these TOU. Yellow Brick reserves the right to
make any Site Changes at any time and in any manner, without prior notice.
Use Limitation
Personal Use
The Services are for your personal use. Except as otherwise expressly stated,
you may not modify, copy, distribute, transmit, display, perform, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
Children Under 13
We do not knowingly solicit data online from, or market online to, children
under the age of 13.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these TOU. You may not use the
Services in any manner that could damage, disable, overburden, or impair any
Yellow Brick server, or the network(s) connected to any Yellow Brick server, or
interfere with any other party's use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other usernames, computer
systems or networks connected to any Yellow Brick server or to any of the
Services, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials you obtain
through the Services, including but not limited to, copyright or trademark
notices.
Loans and Credit
NOTHING ON THIS SITE IS A PROMISE TO MAKE A LOAN. ALL DECISIONS RELATING TO
EXTENDING CREDIT ARE MADE BY THE SERVICE PROVIDERS TO WHOM YOU ARE REFERRED.
Yellow Brick DOES NOT HELP YOU OBTAIN CREDIT. Yellow Brick DOES NOT HELP YOU
IMPROVE YOUR CREDIT REPORT, RECORD, HISTORY OR RATING, OR HELP YOU DISPUTE
INFORMATION IN YOUR CREDIT REPORT.
No Legal Advice
Yellow Brick is not a lawyer and does not give legal advice.
Privacy Policy
We believe that the responsible use of personal information is critical to the
continued success of the Internet. As such, we are committed to the highest
standards in protecting and safeguarding your right to privacy while using the
Services. For further information, please see our Privacy Policy.
Transmission of Personal Data
You acknowledge and agree that by providing Yellow Brick with any personal or
proprietary information through the Services, you consent to the transmission of
such personal or proprietary information as necessary for processing in
accordance with Yellow Brick's standard business practices. You should be aware
that web sites not owned by Yellow Brick ("Linked Sites") may contain
transmission of personal data provisions that differ from the provisions
provided herein. Yellow Brick is not responsible for such provisions, and
expressly disclaims any and all liability related to such provisions. For
further information on how we use your personal information, please see our
Privacy Policy.
Registration, Password, and Security
If any of the Services requires you to login, you must complete the registration
process by providing us with current, complete and accurate information as
prompted by the registration form. You also will choose a password and a
username. You are entirely responsible for maintaining the confidentiality of
your password and username. Furthermore, you are entirely responsible for any
and all activities that occur under your username. You must notify us
immediately of any unauthorized access or use of your username or any other
breach of security. We will not be liable for any loss that you may incur as a
result of someone else using your password or username, either with or without
your knowledge.
Rights
Yellow Brick owns this Site and owns and/or retains the rights to all text, logo
or graphic images appearing herein, and all such materials is protected by
copyright, trademark, and other laws. Nothing in these TOU transfers any rights
in such materials to you or any third party.
Special Notice - Service Providers
Yellow Brick is not responsible for the services or products offered on the Site by other service providers. We do not
endorse or guarantee the content, products, or services provided by service
providers and available through the Site. The selection of a service provider
included on this Web site and the transaction of business with the service
provider is your sole responsibility and should be undertaken only after a
thorough investigation and analysis. The service provider is solely responsible
for its services to you, and you agree that Yellow Brick shall not be liable for
any damages or costs of any type arising out of or in any way connected with
your use of the services of any service provider. Where permitted by law, Yellow
Brick receives fees from each service provider. In addition, some of the other
companies in Yellow Brick's family of companies receive fees from some service
providers. Your use of this Site is your agreement with this compensation
arrangement.
Special Notice - Interactive Services
The Services may include interactive services to share useful information
through discussion forums, bulletin boards, news groups, and other message
facilities designed to enable you to communicate with others ("Interactive
Services"). For example, the Yellow Brick Community is a place for its members
to share useful information with each other. Yellow Brick creates an environment
to enable Yellow Brick members to anonymously discuss their financial situation
and allows you to engage in peer-to-peer discussion about financial matters and
other issues that may be of relevance. We want to ensure that all our members
have a pleasant experience at all times while taking part in Interactive
Services. The information contained within Interactive Services is sometimes
provided by our staff and sometimes provided by other Interactive Service
members. Note that Yellow Brick and Yellow Brick Services, Inc. employees may
also be members of the Interactive Service. By participating in an Interactive
Service, you agree not to use the Interactive Service to send or post on message
boards or any place on the Site any message or material that is improper. By way
of example, and not as a limitation, you will not: (i) defame, harass, threaten,
or otherwise violate the legal rights of others; (ii) post or transmit any
message, data, image, or program that would violate the property rights of
others, including unauthorized copyright text, images or programs, trade secrets
or other proprietary confidential information, and trademarks or service marks
used in an infringing manner; (iii) display or distribute any information that
is false, misleading, obscene, profane, sexually oriented, racially offensive,
abusive or libelous; (iv) interfere with other users use of this Site; (v) post
or transmit any file which contain viruses, worms, "Trojan horses", time bombs,
or the like that may damage the operation of the computer or property of
another; (vi) use the Interactive Service in a commercial manner to post
messages or solicitations in message boards or during live chats; or (viii) use
the Interactive Service in connection with otherwise objectionable material or
that encourages conduct that would constitute a criminal offense or give rise to
civil liability or otherwise violate any applicable law. Yellow Brick is under
no obligation to monitor, post, or use any submission from you, and we may
remove any submission at any time in our sole discretion and without notice.
From time to time, we may re-publish your messages in our communications,
including but not limited to newsletters and advertisements. If we re-publish
your information, we will identify you only by your username. We may also
contact you to request a testimonial about the services you have received as a
member of the Interactive Service or other services provided by one of Yellow
Brick's service providers. We reserve the right to disclose any information as
we deem necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post, or remove any information or
materials, in whole or in part, from the Site in our sole discretion. We ask you
to limit the amount of personally identifiable information that you provide in
Interactive Services. We strongly discourage you from providing your legal name,
address, phone number or other personally identifying information when
communicating with other members. And, never post social security numbers or
account numbers. You agree not to post any copyrighted information unless you
have the consent of the owner of that information. If you post material in
violation of this promise, you will be responsible for any damages. Yellow Brick
will not be held responsible for member-posted information that may violate
copyright law. You agree that by posting, uploading, inputting, providing, or
submitting any materials to the Site, you are granting us and the general public
a nonexclusive perpetual royalty-free worldwide license to: (i) copy,
distribute, transmit, display, perform, and create derivative works from your
submission; (ii) publish your username in connection with your submission; and
(iii) sublicense any such rights. We will not compensate you for your
submission. You warrant and represent that you own or control all rights to your
submission, and have the rights necessary to grant the licenses and sublicenses
described in these TOU.
Special Notice - Tools Available on the Site
The Services may include tools such as financial management calculators
("Tools"). Any Tools that are made available for use from the Site are the
copyrighted work of Yellow Brick and/or our service providers. Tools are made
available for use solely according to the applicable terms of use or other
agreement between you and the service provider.
Special Notice - Documents Available on the Site
We grant you permission to use documents that we make available for downloading
from the Site (the "Documents") provided that your use of such Documents is in
accordance with these TOU.
Feedback
To the extent permitted by applicable law, any comments or materials
("Feedback") sent to Yellow Brick including questions, suggestions, ideas,
comments, or the like relating to this Site, the Services (including Interactive
Services, The Community and the Tools) and Documents shall be deemed to be
non-confidential and shall become the property of Yellow Brick upon receipt.
Yellow Brick shall have no obligation of any kind with respect to such Feedback
and shall be free to transmit, reproduce, use, exhibit, disclose, display,
transform copyright, create derivative works, and distribute the Feedback to
others without limitation. Further, Yellow Brick shall be free to use any ideas,
concepts, know-how and techniques contained in such Feedback for any purpose
whatsoever, including but not limited to, developing, manufacturing and
marketing products or services incorporating such information.
Disclaimer of Warranties
THE SITE, SERVICES (INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, THE
COMMUNITY, AND TOOLS), DOCUMENTS AND ALL OTHER INFORMATION OR SERVICES AVAILABLE
ON THIS SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY
LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH Yellow Brick, WHICH YOU MAY
VISIT THROUGH THIS SITE, ARE PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE,"
BY Yellow Brick, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED
WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF
INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET
ENJOYMENT; (V) OF TITLE; (VI) THAT THIS SITE OR SERVICES WILL OPERATE ERROR
FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR (VIII) THAT THIS SITE, SERVICES (INCLUDING WITHOUT LIMITATION,
INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS) OR DOCUMENTS IS COMPATIBLE WITH
ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY Yellow Brick TO MODIFY
THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, SERVICES
(INCLUDING WITHOUT LIMITATION, INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS),
AND DOCUMENTS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Yellow Brick AND/OR
ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE SITE, SERVICES (INCLUDING WITHOUT
LIMITATION INTERACTIVE SERVICES, THE COMMUNITY, AND TOOLS) AND/OR DOCUMENTS AT
ANY TIME AND FROM TIME TO TIME.
Limitation of Liability
Yellow Brick SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF
PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWSOEVER
CAUSED, WHETHER ARISING UNDER THESE TOU OR OTHERWISE, EVEN IF Yellow Brick WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. THIS LIMITATION ON
LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT
MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED
ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE
MAJEURE EVENT. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Yellow Brick'S LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW.
Indemnification
You agree to defend, indemnify, and hold Yellow Brick, its affiliates and their
officers, directors, employees, agents, contractors and service providers
harmless from and against any and all claims, liabilities, losses, suits,
damages, disputes, or expenses, including reasonable attorney's fees and costs,
arising out of or in any way related to your use of the Site, the Services
(including without limitation, the Interactive Services, The Community and
Tools), or the Documents including any third party claims.
Linking
A link to a Linked Site does not mean that Yellow Brick endorses or accepts any
responsibility for the content, functioning or use of such Linked Site, and you
enter any such web site at your own risk. You agree that Yellow Brick has no
control over or liability for information on Linked Sites. You should be aware
that Linked Sites may contain rules and regulations, privacy provisions,
confidentiality provisions, transmission of personal data provisions, and other
provisions that are different from the provisions provided on this Site. Yellow
Brick is not responsible for such provisions, and expressly disclaims any and
all liability related to such provisions.
Yellow Brick prohibits unauthorized hypertext links to the Site, or the framing
of the Site.
Termination
We reserve the right to discontinue providing and/or to terminate your access to
the Site, the Services (including any Interactive Service, The Community and
Tools), and Documents, or any portion thereof, at any time.
Copyright Infringement Claims
Yellow Brick has registered an agent with the United States Copyright Office in
accordance with the terms of the Digital Millennium Copyright Act (the "DMCA")
and avails itself of the protections under the DMCA. Yellow Brick reserves the
right to remove any materials on the Service that allegedly infringe another
person's copyright. If you believe your copyright has been infringed, please
notify us at info@yellowbrickfinancial.com and provide the following
information: a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work(s) claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the
material; information reasonably sufficient to permit us to contact you, such as
an address, telephone number, and e-mail address; a statement that you have a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and a statement that
the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed. Governing Law and International Use This Site is
controlled by Yellow Brick from its King of Prussia PA office in the United
States of America. This Site only is directed to persons in the continental
United States, Hawaii and Alaska, however, it may be accessed from many
difference places around the world. As each of these places has laws that may
differ from those of the State of PA, by accessing this Site, you agree that the
statutes and laws of the State of PA, without regard to the conflicts of laws
principles, and including the PA Uniform Computer Information Transactions Act,
will apply to all matters relating to the use of this Site. You further agree
that exclusive jurisdiction for all disputes, claims or controversies relating
to use of this Site shall be only in the federal or state court with competent
jurisdiction in the State of PA. You consent to the exercise of personal
jurisdiction by such courts in any such action. Those who choose to access this
Site from other locations do so on their own initiative and are responsible for
compliance with local laws.
Statute of Limitations
Regardless of any law to the contrary, any claim or cause of action arising out
of or related to the use of the Site must be filed within 1 year after the claim
or cause of action arose or be forever barred.
Arbitration Agreement Claims Subject to Arbitration.
Upon your election or Yellow Brick's election, any claim, dispute or controversy
between you and Yellow Brick (or any parent, subsidiary, affiliate, predecessor,
successor or assignee, or any officer, director, employee, agent or
representative of you or Yellow Brick) arising from or relating to these TOU or
("Claim") shall be resolved by binding arbitration pursuant to this Arbitration
Agreement, and the applicable rules in effect at the time the Claim is filed of
the Administrator selected under Subparagraph (b). This includes Claims of every
kind and nature, including Claims relating to the validity, enforceability or
scope of this Arbitration Agreement and the remainder of these TOU; Claims
relating to any advertising or promotional materials that contain information
about these TOU or the Site, Services (including without limitation, Interactive
Services, The Community, and Tools) or Documents; initial claims, counterclaims,
cross-claims and third-party claims; and Claims based upon contract, tort,
fraud, misrepresentation and other intentional torts, constitution, statute,
ordinance, regulation, common law, and equity. A party who has asserted a Claim
in a lawsuit may still elect arbitration with respect to any Claim(s)
subsequently asserted in that lawsuit by any other party or parties. Yellow
Brick may not elect to arbitrate an individual Claim you bring in small claims
court or your state's equivalent court, if any, unless the Claim is transferred
or appealed to a different court. Administrator; Arbitrator. You may select from
either of the following companies as Administrator at the time you commence an
arbitration or within 20 days after you commence an arbitration: National
Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com,
(800) 474-2371; or American Arbitration Association, 335 Madison Avenue, New
York, NY 10017, www.adr.org, (800) 778-7879. If you fail to timely select an
Administrator, Yellow Brick may choose one. If the selected company is unable or
unwilling to serve (or stops serving) as Administrator, you will have 20 days to
select a different Administrator from the above list; if you fail to select a
different Administrator within the 20-day period, Yellow Brick will select one.
Any arbitrator shall be a lawyer with more than 10 years of experience or a
retired judge. No Class Actions, etc. You may not arbitrate (or participate in
the arbitration of) any Claims on a class action or class-wide basis or in a
representative or private attorney general proceeding. Claims brought by or on
behalf of others may not be consolidated with or arbitrated in any arbitration
proceeding that is considering your Claims. Similarly, you may not join with
others to bring Claims in the same arbitration proceeding. Location; Fees. Any
arbitration hearing you attend shall take place in the federal judicial district
where you live. If you initiate or seek to initiate arbitration, and cannot
obtain from the Administrator a waiver of the filing, administrative, hearing
and/or other fees charged by the Administrator, upon your written request Yellow
Brick will consider in good faith paying or advancing such fees on your behalf.
Otherwise, each party shall bear its own arbitration fees and the expense of
that party's attorneys, experts and witnesses, regardless of which party
prevails in the arbitration, unless applicable law gives a party the right to
recover any of those fees or expenses from the other party. Effect of
Arbitration Award. Any court with jurisdiction may enter judgment upon the
arbitrator's award. The arbitrator's award will be final and binding, except for
any appeal right under the Federal Arbitration Act, 9 U.S.C. §1 et seq. (the
"FAA") and Claims involving more than $50,000. For Claims involving more than
$50,000, either party may appeal the award to a three-arbitrator panel appointed
by the Administrator, which will reconsider de novo any aspect of the initial
award that is appealed. The panel's decision will be final and binding, except
for any appeal right under the FAA. Unless applicable law provides otherwise,
the appealing party will pay the appeal's costs, regardless of its outcome.
However, Yellow Brick will consider in good faith any reasonable written request
you make for Yellow Brick to bear the cost. Governing Law. These TOU involves
interstate commerce, and this Arbitration Agreement shall be governed by the FAA
and not by any state law concerning arbitration. The arbitrator shall follow
applicable substantive law to the extent consistent with the FAA, applicable
statutes of limitation and applicable privilege rules, and shall be authorized
to award all remedies permitted by applicable substantive law, including,
without limitation, compensatory, statutory and punitive damages, declaratory,
injunctive and other equitable relief, and attorneys' fees and costs. Upon the
timely request of either party, the arbitrator shall write a brief explanation
of the basis of his or her award. The arbitrator will follow rules of procedure
and evidence consistent with the FAA, this Arbitration Agreement, and the
Administrator's rules. Severability; Primacy. If any portion of this Arbitration
Agreement (other than Subparagraph (c)) cannot be enforced, the rest of this
Arbitration Agreement will continue to apply. If Subsection (c) cannot be
enforced, then the entire Arbitration Agreement shall be null and void. In the
event of any conflict or inconsistency between this Arbitration Agreement and
the Administrator's rules or any other documents relating to these Terms of Use,
this Arbitration Agreement will govern. Notice. If either party elects to
arbitrate any Claim, neither you nor Yellow Brick have the right to litigate
that Claim in court; to have a jury trial on that Claim; to engage in
pre-arbitration discovery except as provided for in the rules of the
Administrator; or to participate as a representative or member of any class
pertaining to such Claim. Other rights you would have if you went to court may
also not be available in arbitration. Miscellaneous These TOU constitute the
entire agreement between you and Yellow Brick and its supersedes all prior or
contemporaneous communications, promises and proposals, whether oral, written or
electronic, between you and Yellow Brick with respect to this Site, Services
(including without limitation, Interactive Services, The Community and Tools)
and Documents. If any part of these TOU is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original provision, and
the remainder of these Terms of Use shall continue in effect. A printed version
of these TOU and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these TOU to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. All rights not
expressly granted herein are reserved.
For More Information If you have any comments, concerns or questions regarding
these TOU policy, please contact us at
info@yellowbrickfinancial.com