By accessing, viewing, downloading or otherwise using this software or any webpage or feature available through Pioneer Credit Counseling or its affiliates or partners, any information provided as part of this service, or any related emails, newsletters or services, either in whole or in part, you conclude a legally binding agreement with Pioneer Credit Counseling, 1644 Concourse Drive, Rapid City, South Dakota 57703, USA (“we”) based on the terms of this User Agreement (“Agreement”) and become a user (“User”). If you are using any software hosted or managed by Pioneer Credit Counseling on behalf of a company or other legal entity, you are individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do not access, view, download or otherwise use any Pioneer Credit Counseling product, or product of Pioneer Credit Counseling, its affiliates, or subsidiaries.
We encourage you to read this Agreement with great care in order to participate with us in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
Your Obligations – What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User-generated content, ideas, concepts, techniques, and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third-party rights. You further agree to inform Pioneer Credit Counseling in the event that any such information has changed since your registration with us and, if appropriate, you agree to make such modifications yourself to your profile.
Pioneer Credit Counseling exercises no control over any content you or others submit while using our services. Pioneer Credit Counseling has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through Pioneer Credit Counseling software in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Pioneer Credit Counseling.
Prior to managing your website, or another service with Pioneer Credit Counseling, you agree that any content managed by Pioneer Credit Counseling, and its array of products and services, is not exportable to other software or services. In the event of account transfers or terminations, the only data which will be transferred to another service provider are design templates.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Pioneer Credit Counseling; (c) are not a direct competitor of Pioneer Credit Counseling, and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Pioneer Credit Counseling portals, including, but not limited to, if the Service contains a mobile element, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account – until you notify us of a breach (clientcare@pioneercredit.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Pioneer Credit Counseling account or any information therein to another party or charging anyone for access to any portion of the software, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Pioneer Credit Counseling or our subsidiaries or affiliates or (c) any activity in which you engage on or through the Pioneer Credit Counseling portals.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Export Control: Your use of Pioneer Credit Counseling portals, including its software, is subject to export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Termination: You may terminate this Agreement, for any or no cause, at any time, with notice to Pioneer Credit Counseling which shall be effective upon Pioneer Credit Counseling processing such notice. Pioneer Credit Counseling may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Pioneer Credit Counseling or the party paying for such services. Termination of your Pioneer Credit Counseling account includes disabling your access to software and services (including any content you submitted or others submitted) and may also bar you from any future use of Pioneer Credit Counseling Software.
Upon Termination, software owned and maintained by Pioneer Credit Counseling is not transferrable, the only content which may be downloaded by you is the templates which compose the design of your website or portal. You may not have access to databases which control content or services. You are responsible for transferring all content from your account to a new service provider in the event of termination.
General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.pioneercredit.com and via email or any other communications means to contact information you provide to us. You may also notify us via email at clientcare@pioneercredit.com or via mail or courier at Pioneer Credit Counseling, Attn: Legal Department, 1644 Concourse Drive, Rapid City, SD 57703 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.pioneercredit.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Pioneer Credit Counseling Affiliate shall be deemed legally binding on any Pioneer Credit Counseling Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Pioneer Credit Counseling.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: Pioneer Credit Counseling Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Pioneer Credit Counseling for any third party that assumes our rights and obligations under this Agreement.