myFICO® Forums Terms of Service[ Edited ]
03-01-2007 01:57 PM - last edited on 12-17-2012 04:09 PM by Sarah
myFICO® Forums Terms of Service
"Posting" means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on FICO Forums, including, but not limited to message boards, chats, blogs, or otherwise. Your use of FICO Forums, or any materials or services accessible through it, after a Posting or notification regarding modifications to the Terms constitutes your acceptance of those modifications. Your violation of any of the Terms may result in the suspension or termination of your access or use of FICO Forums.
Using FICO Forums
FICO Forums is intended to provide consumers with the opportunity to exchange useful and helpful information. myFICO does not read or review every posting; however, we may edit or remove any posting we consider, in our sole discretion, to violate the Terms or be inappropriate for FICO Forums for any reason.
Users of FICO Forums are responsible for exercising careful and appropriate judgment in evaluating and taking action based on other participants' postings on FICO Forums, since such postings may reflect significantly different levels of knowledge and experience by participants. Users of FICO Forums agree that myFICO is not responsible for the accuracy of the content of FICO Forums and will not be liable for any damages incurred as a result of their use of any such content. Participants may post hypertext links to content hosted and maintained by third parties. myFICO has no obligation to monitor these linked sites, and is not responsible for them. Accessing any such linked sites is done entirely at the user’s own risk.
Posting to FICO Forums
Users of FICO Forums agree not to upload, post, or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data, or other information) that includes any of the following inappropriate content:
- Discussions including race, nationality, sex, religion, politics;
- Any personal information belonging either to the poster or another person not considered a "public figure", including, but not limited to, full name, address, phone number, email address, social media accounts (Facebook, Linkedin, etc.);
- Promotion of a credit repair organization, as defined in the federal Credit Repair Organizations Act or similar state laws, or the services of such an organization;
- Spam, such as advertisements for other web sites and services, or other solicitation; chain letters, pyramid schemes, or securities offerings
- Profanity; material that is libelous, fraudulent, unlawful, defamatory, pornographic, obscene, profane, abusive, offensive, threatening, hateful, or otherwise objectionable;
- Discussion of illegal or unethical activities or providing links to other websites containing such information;
- Posting a link to the poster’s personal blog or web site without explicit permission from a FICO Forums administrator;
- Posting a link directing users to any information or content that, if posted on FICO Forums, would constitute a violation of the Terms or of any State or Federal law;
- Material, the posting of which violates any party’s copyright or other intellectual property rights;
- Posting, publishing, uploading, reproducing, transmitting or distributing in any way any content belonging to myFICO, or derivative works with respect thereto;
- Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;
- "Bombing” FICO Forums or individual threads with repetitive or meaningless postings, postings unrelated to the purpose of FICO Forums, excessive cross-posting;
- Attacks, including “Flaming” another user or entity in such a way as to incite or perpetuate an argument or conflict; creating usernames to attack other users’ identities; impersonating other individuals or falsely representing one’s identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant’s privacy by including name, address, phone, email address, or any other identifying information.
While registration is not required to read postings on FICO Forums, users must register an account with myFICO in order to post to FICO Forums.
myFICO may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that myFICO rejects for any other reason in its sole discretion. Participants agree that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. myFICO may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.
myFICO reserves the right to manage the postings on FICO Forums to provide an orderly presentation of this information. To effectively manage FICO Forums, myFICO may designate employees to act as moderators and administrators for FICO Forums [“Moderators”]. These Moderators are the only representatives of myFICO authorized to manage FICO Forums. Any myFICO employees who are not designated as Moderators are not authorized to represent themselves on FICO Forums as myFICO employees. myFICO is not responsible for content provided by any myFICO employee who is not designated as a Moderator.
Users are asked to help myFICO keep FICO Forums a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms. To advise us of such a posting, click the confidential “Report Abuse to a Moderator” link on the applicable post. Repeat offenders will be contacted by email and eventually banned from FICO Forums. If violations are egregious in nature, we will contact the appropriate authorities.
Modification and discontinuance of FICO Forums
myFICO reserves the right at any time to delete, modify, suspend, or discontinue, temporarily or permanently, FICO Forums (or any part of FICO Forums, including any postings) with or without notice. Users agree that myFICO will not be liable to users or third parties for any modification, suspension, or discontinuance of FICO Forums.
A user’s privilege to utilize or access FICO Forums may be terminated by myFICO immediately and without notice if the user fails to comply with any term or condition of the Terms. Upon such termination, the user must immediately cease accessing or utilizing FICO Forums and agree not to re-register or otherwise make use of FICO Forums. Furthermore, the user acknowledges that myFICO reserves the right to take action -- technical, legal, or otherwise -- to block, nullify, or deny the user’s ability to access FICO Forums. The user understands that myFICO may exercise this right in its sole discretion.
Disclaimer of Warranties and Limitation of Liability
MOST OF THE CONTENT POSTED TO FICO FORUMS IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH MYFICO. THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. THE USER AGREES THAT MYFICO DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR, THIS THIRD-PARTY CONTENT. ADDITIONALLY, THE USER AGREES THAT MYFICO IS NOT LIABLE FOR, AND THE USER SHALL INDEMNIFY AND HOLD MYFICO, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH FICO FORUMS, USE OF FICO FORUMS, VIOLATION OF THE TERMS OR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CONTENT ON FICO FORUMS IS "AS IS" AND CARRIES NO WARRANTIES. MYFICO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON FICO FORUMS, REGARDLESS OF WHO ORIGINATES THAT CONTENT. MYFICO DOES NOT WARRANT THAT FICO FORUMS IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. MYFICO IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM FICO FORUMS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYFICO AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF MYFICO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MYFICO AND THE USER.