Colexit - Accuracy is Everything

Effective Date: January 16, 2024
Last Updated: April 22, 2024

Welcome!

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE SECTION 12 DISPUTE RESOLUTION & ARBITRATION BELOW. PLEASE READ CAREFULLY.

YOU ACKNOWLEDGE AND AGREE THAT COLEXIT IS NOT A CREDIT REPAIR ORGANIZATION, CREDIT REPORTING AGENCY, CONSUMER REPORTING AGENCY, AND THAT WE DO NOT OFFER CREDIT REPAIR SERVICES OR PRODUCTS.

This Terms of Service (“Terms”), along with our Privacy Policy and any terms that apply to your authorization and use of the software application and services through which you are using the COLEXIT Services (“Supplemental Terms”), form a legally binding agreement with COLEXIT (our “Agreement”). Please read these Terms and our Privacy Policy carefully, as they contain the terms and conditions for access to our websites, the use of various products and services like credit monitoring or identity theft monitoring (collectively, our “Offerings”), and information about how we collect, process, and use your personal information. COLEXIT and the Colexit software compile and compare information from your debt settlement provider with the information found in your credit profiles as maintained by Transunion, LLC, Equifax, Inc., and Experian Information Services, LLC.

The Agreement is between you and Colexit Holdings, LLC (“COLEXIT,” “we,” “our,” or “us”). You should carefully read these Terms, our Privacy Policy, and applicable Supplemental Terms before you access the software and services offered by COLEXIT.

You agree to be bound by these Terms and enter into the Agreement by either: (1) enrolling for Services; (2) using any Services available on any COLEXIT website or software app, including the website itself or software app; or (3) by clicking “I Agree” or otherwise electronically agreeing to be bound. We recommend you print or save a copy of all these Terms for your records.

1. About these Terms

1.1 Scope. These Terms govern: (a) your access to and use of the services and features (defined in Section 2.1) we provide through or for our websites and Colexit software; (b) your access to and use of the Colexit software and websites, including www.colexit, and (c) any additional services you may request of or hire COLEXIT to perform on your behalf.

1.2 Revisions to Terms. COLEXIT may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Offerings thereafter. However, any changes to the dispute resolution provisions set out in Section 11 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of our Offerings following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access our websites so you are aware of any changes, as they are binding on you.

1.3 Personal Information and Privacy. This Agreement incorporates by reference our Privacy Policy. Our collection and use of your personal information in connection with our Offerings is described in our Privacy Policy and any updates to it. You can view our Privacy Policy at any time here or through your use of our Offerings. You acknowledge and agree that COLEXIT may use your personal information in accordance with our Privacy Policy. If explicit consent to process your personal information for a specific purpose is required by law, we will obtain such consent before processing your personal information for such purpose.

2. Use of Our Offerings

2.1 Description of our Services. COLEXIT and the Colexit software compares the information from your debt settlement company with the information published in your credit report(s). The Colexit software was designed to use the information to flag unsecured credit accounts that are found in both your debt settlement file and on your credit report(s) that appear to inaccurately report the wrong status of the account or the wrong balance. By using this software, you expressly authorize COLEXIT to run a soft pull of your credit reports with Transunion, LLC, Equifax, Inc., and Experian Information Services, LLC. Further, you authorize COLEXIT to share the information contained in your credit reports with your debt settlement provider. Further, you authorize your debt settlement provider to share the information contained in your debt settlement file with COLEXIT.

2.2 Eligibility. You may use our Offerings only if you can form a binding contract with COLEXIT, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. In addition, you must be eighteen (18) years of age or older and legally authorized to accept and be bound to our Agreement, and in good standing with COLEXIT. By using our Offerings, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into our Agreement.

2.3 Access to Services. You are responsible for making all arrangements necessary for you to have access to our Offerings and ensuring that all persons who access our Offerings through your internet connection are aware of these Terms and comply with them. We will not be liable if for any reason all or any part of our Offerings are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Offerings to users.

2.4 License to Use our Offerings. Subject to the terms and conditions of this Agreement and your enrollment in the applicable Service Plans, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our Offerings. COLEXIT reserves all rights not expressly granted herein in our Offerings and the COLEXIT Intellectual Property (See Section 7, below). COLEXIT may terminate this license at any time for any reason or no reason.

2.5 General Representation and Warranty. You represent and warrant that your use of our Offerings: (a) will be only for lawful purposes and in accordance with this Agreement; (b) will not violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (c) will not be to impersonate or attempt to impersonate COLEXIT, an COLEXIT employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (d) will not restrict or inhibit anyone’s use or enjoyment of our Offerings, or which, as determined by us, may harm COLEXIT or users of our Offerings or expose them to liability; (e) will not be in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Offerings, including introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) will not infringe or misappropriate the intellectual property rights of COLEXIT or any third party; (g) will not disclose the personal information of others; (h) will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for our software or any related technology that is not open source; and (i) will not involve renting, leasing, loaning, selling, or reselling our Offerings or related data without our consent.

2.6 Rights Granted to COLEXIT. By accessing and using our Offerings, you will disclose, provide, authorize us to collect and process on your behalf, or otherwise make available to us certain information pertaining to you and your use of our Offerings (“Content”). You grant COLEXIT a worldwide, royalty-free, non-exclusive license to host and use any such Content to provide our Offerings and as otherwise described in these Terms and the Privacy Policy. By submitting Content to us, you represent that you have all necessary rights and hereby grant us the aforementioned license. In addition, by enrolling in certain Service Plans or registering for an account, you expressly authorize COLEXIT to access your personal information (including but not limited to information pertaining to your credit history, credit score, identity, and rental history) maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose such information to us.

3. Accounts and Enrollment

3.1 Creating a User Account. In order to gain access and utilize certain features of our Offerings, including our Service Plans, you are required to create an account with COLEXIT (“User Account”); and, in some cases, to enroll in one or more Service Plans or agree to purchase a service offering from COLEXIT. To create a User Account, you must, in addition to our other Eligibility Requirements, have a valid U.S. Social Security Number.

3.2 Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session (regardless of whether automatic log-out features are implemented for your User Account). You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If we believe your account has been compromised, we may suspend or disable it.

3.3 Identity Verification. To ensure the security of our Offerings, to comply with the law, and to protect the privacy and security of our customers’ information, we take steps to validate your identity before you are permitted to access and use certain parts of our Offerings. You authorize us to collect, process, and share your personal information as we deem necessary to validate your identity. We reserve the right to deny access to and/or refuse to provide our Offerings if you fail to provide information necessary to validate your identity.

4. Service Plans and Features

The following terms and conditions apply to use of certain Service Plans and Features. In the event of a conflict or inconsistency between the terms of this Section 4 and any other term in this Agreement, the terms of this Section 4 shall control.

4.1 General Disclaimer and Acknowledgement.

(a) Disclaimer of Services. COLEXIT is not a credit reporting agency, credit repair organization, credit repair company, credit repair service provider, broker or advisor. We do not provide legal, tax, financial, or credit management advice. The information or products we provide are not intended as such advice. We do not represent, and specifically disclaim, that the information we provide will actually or potentially improve or repair your credit profile or credit score. We advise you to seek the services of a competent and professionally licensed provider in connection with credit repair or credit improvement assistance.

(b) Plan Features. Service Plans are offered on a package basis and some Features within a Service Plan may not be appropriate or offered for all users. While users are not required to utilize every Feature available in a Service Plan, the decision to use or not use a Feature will not impact the price for the Service Plan.

(c) Utilization of Third-Party Providers. Some Features are provided by third-party providers. If you elect to use third-party provided Feature, you understand that COLEXIT is not responsible for how such provider protects your personal information. COLEXIT is not responsible for the information processing activities by third parties, including their efforts to protect and secure your personal information. For absolute clarity, once you release your personal information to a third party, there are no controls, security, or protections that COLEXIT controls with that third party, and you will need to assure yourself that such third party will handle your Information properly as you desire. To that extent, the use of this Feature and the sharing of your Information is completely at your risk. Additional terms may apply to your enrollment in any third-party provided service.

4.2 Credit Services Generally. Credit Services may include, among other things, the ability to (i) access your credit report(s) from one or more credit bureaus, (ii) obtain Credit Scores (defined below) derived from your credit report data, (iii) obtain monitoring of selected credit data from your credit report and (iv) receive alerts regarding your credit information. Your enrollment in a Service Plan with Credit Services is dependent on the applicable credit bureau’s ability to find your credit data in their records using the personal information you provide to COLEXIT and successfully authenticating your identity during enrollment. If the applicable credit bureau(s) cannot find some or all your credit data, then the Credit Services may be incomplete or, in some cases, not available. If you do not authenticate your identity, you may not have access to Credit Services. You will still be charged until you cancel your Subscription. THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the only authorized source under federal law. Take me to the authorized source.

4.3 Authorization to Obtain Credit Information. By requesting COLEXIT provide you with Credit Information, you understand and agree, and hereby authorize, COLEXIT to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from consumer reporting agencies, at any time for so long as you have an active User Account with COLEXIT. You further authorize COLEXIT to retain a copy of your information for use in accordance with this Agreement and our Privacy Policy. Your authorization constitutes “written instructions” in accordance with the Fair Credit Reporting Act (“FCRA”) and other applicable law. Credit reports provided from COLEXIT are not intended to constitute the disclosure of Experian, Equifax, or TransUnion information required by the FCRA or similar state laws.

5. There are No Fees for the Services Offered

5.1 Free Services. COLEXIT offers the use of its software to you at no cost. All of COLEXIT’s services, whether through the Colexit software or other services, are offered at no cost to the user.

5.2. Referral Fees. You acknowledge that COLEXIT may receive a referral fee from an outside third party, including law firms. You further acknowledge that, should COLEXIT receive a referral fee from an outside third party, any referral fees will not result in additional fees or charges to you.

6. Communications

6.1 COLEXIT Communications. To deliver our Offerings to you, COLEXIT and our contractors and/or authorized third parties (including identity theft reporting service providers) may need to communicate with you in a variety of ways, including telephone, text, email, and postal mail (“COLEXIT Communications”). You agree that by providing your phone number, you give your prior express written consent to receive calls and/or text messages from COLEXIT and our contractors and/or authorized third parties for any purpose, including marketing, and that such calls and/or text messages may be made using an Automatic Telephone Dialing System and/or via artificial or pre-recorded voice. You understand that such consent is not a condition of the receipt of any goods or services. You may opt-out at any time by replying “STOP” to any text message or by calling us at the phone numbers set forth in Section 13.11 for the Site associated with your Subscription. Message and data rates may apply to such calls or text messages. For the avoidance of doubt, COLEXIT Communications are considered part of our Offerings. You agree to maintain your current contact information in your account by making the appropriate changes in the settings or by calling COLEXIT customer service. By providing your cell phone number and other contact information to COLEXIT, you expressly authorize such COLEXIT Communications using the methods described above. You may have the ability to control the frequency of non-essential COLEXIT Communications via your account settings or by calling COLEXIT customer service. You acknowledge and agree that COLEXIT has no liability to you for the following: (i) outdated or inaccurate contact information associated with you or your account; (ii) the failure of any third-party communication to convey or transmit COLEXIT Communications; (iii) third-party party charges incurred by you (including text messaging fees, data, mobile, or landline phone plans) that are associated with COLEXIT Communications..

6.2 Delay or Failure of COLEXIT Communications. COLEXIT does not maintain complete control over the transmission of COLEXIT Communications, and they may be delayed, terminated, or fail for a variety of reasons. COLEXIT shall not be liable for the delay, failure, or mis-delivery of any COLEXIT Communication. Moreover, COLEXIT shall not be liable for any mistakes, error, or inaccuracies contained in any COLEXIT Communications or for actions taken or not taken by you or any third party in reliance on an COLEXIT Communication.

6.3 Telephone Call Recordings. If you contact us via telephone, we may record phone calls for quality assurance and fraud prevention purposes. You agree that COLEXIT may monitor and record telephone and electronic communications in connection with our Offerings at any time, without further notice to you or any party to the communication.

7. Ownership and Infringement

7.1 COLEXIT Intellectual Property. COLEXIT and its licensees retain all rights, title, and interest in and to our Websites and our Offerings, including all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, and any derivations thereof, are owned by and/or licensed to COLEXIT. Other trademarks, service marks, graphics, and logos used in connection with our Offerings may be the trademarks of other third parties. Using our Offerings doesn’t grant you any right or license to reproduce or otherwise use any COLEXIT or third-party trademarks.

7.2 Feedback. If you provide COLEXIT with any kind of feedback, suggestions, or comments (“Suggestions”) relating to the COLEXIT Services (including the improvement of our Offerings and/or additions to our Offerings), if such Suggestions are, or may be subject to any intellectual property rights, such Suggestions shall be exclusively owned by COLEXIT. By providing such Suggestion to COLEXIT, you agree and acknowledge that COLEXIT may use the suggestion to: (a) implement new features or customize and improve the COLEXIT Services, (b) provide ongoing assistance and technical support, (c) contact you regarding the Suggestions. Additionally, you represent and warrant that such feedback is accurate, and irrevocably assign to COLEXIT any right, title, and interest you may have in such Suggestions and explicitly, and you irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Suggestions.

8. SMS Short Code Terms of Service

We may invite you to receive certain messages via SMS. When you opt-in to the service, we will send you an SMS message to confirm your signup. This service is intended to send you information alerts about your account including, but not limited to, fraud monitoring alerts, credit score alerts, dark web activity alerts, etc. You can cancel the alerts at any time. Just text “STOP” to the number on the text. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time, and we will start sending messages to you again.

If at any time you forget what keywords are supported, text “HELP” to the number on the text. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

COLEXIT engages various SMS-related service providers to provide SMS messages to you. It is possible that your phone carrier is not able to receive SMS messages through COLEXIT. The list of participating carriers and any charges by them are outside of COLEXIT’s control. No participating carrier shall be liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected]. If you have any questions regarding privacy, please see COLEXIT’s Privacy Policy.

You warrant and represent that you will not provide to COLEXIT any telephone number that is not assigned to you, and that, if you obtain a new telephone number, you will promptly notify COLEXIT that your prior telephone number is no longer assigned to you.

9. Disclaimers

THE COLEXIT SERVICES ARE PROVIDED “AS IS” AND COLEXIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY AND ACCURACY. WITHOUT LIMITING ANY OF THE FOREGOING, COLEXIT DOES NOT WARRANT: (a) THAT THE COLEXIT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (b) THAT THE COLEXIT SERVICES WILL MEET YOUR REQUIREMENTS; (c) AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE COLEXIT SERVICES; (d) THAT ANY INFORMATION PROVIDED THROUGH THE COLEXIT SERVICES IS ACCURATE OR COMPLETE; (e) THAT THE COLEXIT SERVICES WILL ALWAYS BE AVAILABLE; OR (f) THAT ANY RESULTS MAY BE OBTAINED FROM USE OF THE COLEXIT SERVICES. THE COLEXIT SERVICES MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS.

IN ADDITION, YOU ACKNOWLEDGE THAT COLEXIT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE COLEXIT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COLEXIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. COLEXIT IS NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR INACCURATE DATA. COLEXIT IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY PRODUCTS, DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF OR ANY INTEGRATION THEREWITH, AND MAY CEASE MAKING ANY SUCH INTEGRATION AVAILABLE IN ITS DISCRETION.

10. Limitation of Liability

IN NO EVENT SHALL IDENTITY INTELLIGENCE GROUP, LLC® DBA COLEXIT® ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND DIVISIONS (collectively, the “COLEXIT ENTITIES”) BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, REPUTATIONAL HARM, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF SUCH DAMAGES IN ADVANCE.

THE COLEXIT ENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL NOT EXCEED $100. THIS LIMIT OF LIABILITY IS EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY INSTANCE OR SERIES OF INSTANCES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, THE COLEXIT ENTITIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.

11. Indemnity

You agree to defend, indemnify and hold harmless the COLEXIT Entities and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Offerings, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (d) your violation of any applicable law, rule, or regulation; (e) any claim for damages that arise as a result of any of your Content; or (f) any other party’s access and use of our Offerings with your unique username, password, or other appropriate security code.

12. Dispute Resolution & Arbitration

12.1 Governing Law. These Terms and the Agreement shall be governed by the laws of the State of Arizona without regard to its conflict of laws provisions, but the terms and procedure of arbitration are governed by the Federal Arbitration Act.

12.2 Initial Dispute Resolution. You agree that before taking any formal legal action under our Agreement, you shall provide written notice to COLEXIT of the specific issue(s) in dispute, including reference to the relevant provision(s) of the Terms or our Privacy Policy which are allegedly being breached. Within thirty (30) days after such notice, representatives of each of the parties shall hold at least one meeting (in person or by video- or tele-conference) for the purpose of attempting, in good faith, to resolve the dispute. Notice provided pursuant to this section should be prominently captioned “NOTICE OF CLAIM” and can be provided to COLEXIT at:

COLEXIT

Attn: Legal

1846 E. Innovation Park Drive,

Suite 100

Oro Valley, AZ 85755

Notice should include both the mailing address and email address you would like COLEXIT to use to contact you. Notice should describe the nature and basis of the claim or dispute and set forth the specific amount of damages or other relief sought.

12.3 Binding Arbitration.

(a) If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth in Section 12.2, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, you agree that any and all claims arising from, out of, or relating to this Agreement (including the interpretation, applicability, enforceability, formation, performance, and breach of this Agreement), the parties’ relationship with each other, and/or any service or product provided by IDIA shall be subject to binding arbitration under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, COLEXIT, and others providing or receiving any product or service related to this Agreement or your account with COLEXIT. However, at the election of any party, a court of competent jurisdiction may adjudicate any request for injunctive relief, but all other claims will first be decided by arbitration.

(b) A single arbitrator shall decide all claims and shall render a final, written decision. The arbitration shall be administered by The American Arbitration Association (“AAA”). Consistent with the FAA, the appropriate AAA rules shall apply, as determined by the arbitrator. The AAA Rules and Forms are available online at www.adr.org. The arbitrator’s award shall be in writing, final, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You may be required to pay AAA’s initial filing fee, but COLEXIT will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeded the fee for filing a complaint in a federal or state court in your county of residence or in Maricopa County Arizona.

(d) 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.

12.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COLEXIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

12.5 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (where “intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), except that the determination of the intellectual property rights in Feedback shall not be exempt from arbitration. Either party may also elect to have disputes or claims resolved in a small claims court for claims within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this Agreement.

12.6 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: COLEXIT, Attn: Legal, 1846 E Innovation Park Drive, Suite 100, Oro Valley, AZ 85755. The notice must be sent within 30 days of your assent to these Terms. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, COLEXIT also will not be bound by them.

12.7 Changes to this Section. COLEXIT will provide 30 days’ notice of any changes to this Section 11; changes will become effective on the 30th day. If you continue to use the COLEXIT Services after the 30th day, you agree that any unfiled claims of which COLEXIT does not have actual notice are subject to the revised clause.

12.8 Claims Outside of Arbitration. For any dispute not subject to arbitration, you and COLEXIT agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Maricopa County, Arizona. You further agree to accept service of process by mail, and hereby waive all jurisdictional and venue defenses otherwise available.

13. Miscellaneous

13.1 Entire Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

13.2 Governing Law. Except as governed by the federal laws of the United States, our Agreement is governed by the laws of the State of Arizona, excluding conflicts of law provisions.

13.3 Waiver. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

13.4 Assignment. You may not assign any rights or obligations it has under our Agreement without COLEXIT’s prior written consent. These Terms are binding upon and inure to the benefit of the parties and their respective successors and assigns.

13.5 Severability. If any part or provision of these Terms is declared fully or partially invalid, unlawful or unenforceable by a court of competent jurisdiction, the remainder of the part or provision and the Terms will remain in full force and effect, if the essential terms and conditions of these Terms for each party remain valid, binding and enforceable.

13.6 Relationship of the Parties. These Terms will not establish any partnership, joint venture, employment, franchise, or agency relationship between you and COLEXIT. Neither you nor COLEXIT will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.

13.7 Trade Restrictions. You must not access or use the COLEXIT Services: (i) in or relating to any country or territory that is the subject or target of comprehensive trade or economic sanctions imposed by the U.S. government (“Sanctions”) (currently, Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and the Donetsk People’s Republic or Luhansk People’s Republic); (ii) for the benefit or on behalf of any person listed in any Sanctions-related list of designated persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) or the U.S. Department of State (including OFAC’s List of Specially Designated Nationals and Blocked Persons), or any person owned 50 percent or more by such person; or (iii) otherwise in violation of any U.S. Sanction, embargo, prohibition or restriction. In addition, you must comply with all applicable laws and regulations governing the export, re-export and transfer of the COLEXIT Services and you are responsible for obtaining any required export or import authorizations.

13.8 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, pandemic, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

13.9 Notice Pursuant to the Fair Credit Reporting Act. The Fair Credit Reporting Act (“FCRA”) permits consumers to dispute inaccurate information in their credit report without charge. You do not have to purchase your credit report or other information from COLEXIT to dispute inaccurate or incomplete information in your credit file maintained by Experian, Equifax, or TransUnion.

13.10 Contacting COLEXIT. You may contact COLEXIT customer service during our regular business hours excluding certain common U.S. holidays by calling the toll-free phone number provided at www.colexit.com or by using the phone numbers or email addresses either provided to you directly by COLEXIT or found at the above referenced website.