Terms & Conditions
Credda's Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY OF ITS PAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE SITE NOW. INTELLECTUAL PROPERTY The Credda website, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Credda Capital LLC, doing business as Credda, hereinafter "Credda", or third parties; and all right, title and interest therein shall remain the property of Credda and/or such third party. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws. You are authorized solely to view and retain a copy of the pages of the site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this website for the purpose of transacting business with Credda. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Credda. Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on the website (or printed pages produced from the website); and (ii) will not make any other modifications to any documents obtained from the website other than in connection with completing information required to transact business with Credda.
Use of Information and Materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Credda's web sites and systems including but not limited to unauthorized entry into Credda's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Credda and/or its affiliates.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". CREDDA DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
Limitation of Liability
IN NO EVENT WILL CREDDA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, 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 CREDDA, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
All information submitted to Credda via this site shall be deemed and remain the property of Credda and Credda shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Credda through this site. Credda shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Credda entity having the direct customer relationship or as otherwise specifically agreed or required by law.
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 local law or regulation.
Certain sections or pages on this site may contain additional terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I also understand that I am authorizing Credda to consider my bank account information as eligible for Credda Capital LLC to process payments against. In addition, as part of Credda's information collection process, we may detect additional bank accounts under your ownership. We will consider these additional accounts to be part of the application process.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Credda. The user's access to and use of the credda.com website, and the terms of this disclaimer are governed by all applicable Federal and State laws.
Important notice: In order to open a Credda Capital LLC ("Credda") account electronically, Credda must provide certain disclosures required by law. Credda can only provide these disclosures and other information electronically if the applicant consents.
In this E-Sign Consent, the following definitions apply: "you" and "your" mean the person who is applying to establish a Credda Account and "we", "us" and "our" means Credda and any person, company, bank or financial institution that is an assignee of Credda's rights. "Communication" means any customer agreements or amendments thereto, billing or account statements, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service or Account, including but not limited to information that we are required by law to provide to you in writing.
Consumer Consent to Electronic Communications
You agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, unless and until you withdraw your consent as described below.
Your consent to receive electronic communications and transactions includes, but is not limited to
- All legal and regulatory disclosures and communications associated with the Account or the product or service available through Credda's website.
- Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims.
- Privacy policies and notices.
- Periodic billing or account statements for your Account.
All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication. If you wish to obtain a paper copy of any of Communications, you may request a copy at no charge by calling 844-4-CREDDA (844-427-3332).
What You Will Need
In order to access and retain the electronic Communications you will need the following
- A computer or other device capable of accessing the Internet.
- A current web browser that includes 128-bit encryption. Supported browsers include
- Microsoft Internet Explorer 9+ (Windows)
- Mozilla Firefox 4+ (Mac, Windows, Linux)
- Safari 5+ (Mac)
- Chrome 10+ (Mac, Windows, Linux, Android, iOS)
- A valid email address. You can update this email address at any time by logging into your account at www.credda.com/user/sign_in and clicking the account button at the top of the screen.
- To read some documents, you may need a PDF file reader like Adobe Acrobat Reader or Foxit.
- Sufficient electronic storage space to save past Disclosures and/or an installed printer to print them.
- If you use a spam filter that blocks or re-routes emails from senders not listed in your safe senders list, then you must add @credda.com to your safe senders list.
How to Withdraw Consent
You may withdraw consent to receive Communications in electronic form by contacting Credda at the below address.
Credda Capital LLC
775 Spartan Blvd Suite 209
Spartanburg, SC 29301
We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of your Credda account may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. If you decide to withdraw your consent, the legal effectiveness, validity and enforceability of prior electronic Communications will not be affected.
By consenting, you agree that all electronic Communications from us to you have the same meaning and effect as if we provided paper Communications to you. You should print or electronically store for your records a copy of this Disclosure and any other Communication that is important to you.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
For purposes of this arbitration agreement, the terms "you" and "your" include any co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms "we," "our," and "us" mean the Credda Capital LLC Credda and include Credda Capital LLC's employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as Credda Capital LLC's marketing, servicing, and collection representatives and agents.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Agreement to Arbitrate. You and we agree that any Dispute (defined below) will be
What Arbitration Is. "Arbitration" is a means of having an independent third party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands, whether past, present, or future, including events that occurred prior to origination of your Agreement and whether or not an Agreement is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association ("AAA") or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate an arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association 335 Madison Avenue, Floor 10 New York, NY 10017-4605
Web site: www.adr.org Telephone (800) 778-7879
JAMS, The Resolution Experts 1920 Main Street, Suite 300 Irvine, CA 92614
Web site: www.jamsadr.com Telephone (949) 224-1810 or (800) 352-5267
The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm's rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.
What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys' fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration.
Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted within 10 miles of your then current mailing address.
Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
Applicable Law and Review of Arbitrator's Award. The arbitrator shall apply applicable federal and South Carolina substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator's award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of South Carolina and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of South Carolina and applicable federal law.
Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.
Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked no later than thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or status as a Buyer. Opt-out address is Credda Capital LLC's address below.
Credda Capital LLC
775 Spartan Blvd Suite 209
Spartanburg, SC 29301