Updated November 28, 2022
Charm Solutions US, Inc. dba mySMBscore (“mySMBscore,” “the Company,” “we,” “us,” or “our”), is pleased to provide a variety of tools and resources (our “Services”) that allow you to learn about and explore new products that can help you achieve your financial goals for your business.
IN PARTICULAR, PLEASE NOTE THAT THIS AGREEMENT CONTAINS CERTAIN DISCLAIMERS REGARDING WARRANTIES AND LIABILITY, IN ADDITION TO IMPORTANT PROVISIONS REQUIRING ARBITRATION OF ALL DISPUTES AND A CLASS ACTION WAIVER (PLEASE SEE SECTIONS BELOW ENTITLED “DISCLAIMERS AND LIMITATIONS OF LIABILITY,” AND “DISPUTE RESOLUTION”).
If you do not accept the terms of this Agreement, you are not authorized to access the Site or use our Services.
The Site is intended for individuals who are at least 18 years of age and reside in the United State. If you are under 18 years of age or reside outside of the United States, you should not visit the Site or use our Services. Use of the Site or Services, including any provision of personally or non-personally identifiable information, by anyone under 18 years of age is strictly prohibited.
If you have any questions or complaints about mySMBscore, the Site features, the Site content, or any of our Services, please contact us at email@example.com.
mySMBscore adheres to state and federal regulatory requirements in addition to its own internal policies regarding data reporting and record retention, which applies to both the PII you submit to us, and possibly certain other Information you submit or that we may receive about you from third parties. In addition, as described above, we will share Information you submit to us with our Providers in the course of providing our Inquiry or other Services to you. We may also be required to collect information about you, or about loans or other credit Products you have taken out, from Providers.
By using or continuing to use the Site and Services, you are providing express written consent for mySMBscore, and its Providers to share your PII and other Information for purposes including, but not necessarily limited to, litigation, regulatory actions/investigations, law enforcement requests, internal analytics, and/or marketing.
By using the Services, you are granting an express invitation to mySMBscore and third parties to contact you by phone at the numbers you provided, whether landline or cellular, so we or they can assist you with your transactions. You hereby consent to any such calls even if your phone number is on any Do Not Call list. In addition, you acknowledge and agree that mySMBscore or associated third parties may use an automatic dialing system in connection with calls made to any phone number you provide, including cellular phone numbers or other numbers or services for which the called person(s) could be charged a fee.
You also hereby consent to receive emails at the email address you provided, or at another email address that may be associated with you that we receive from third parties. You agree that any such emails will not be considered spam or unauthorized by any local, state, or federal law or regulation.
If you no longer wish to receive communications from mySMBscore, please contact Customer Service by emailing firstname.lastname@example.org.
In the course of exploring our Site and using our Services, you may be presented with the option to sign up for a mySMBscore User Account. Signing up for an Account is optional, but if you do not sign up, you may not be able to access certain parts of our Site and Services.
By signing up for a mySMBscore User Account, you certify that:
If at any time you believe that your User Account has been compromised and/or is no longer secure, please notify us immediately at email@example.com.
We may display third-party content or links to third-party websites or applications on the mySMBscore site or in emails we send to you. Such content could include advertisements for third-party products and services, or applications that allow you to connect your mySMBscore User Account with your social media, financial institution, and other third-party accounts. We do not operate, control, or endorse any such third-party content, products, services, systems, or applications (“Third-Party Features”) or the companies that provide them.
Please be advised that when you leave the mySMBscore Site or Services and interact with any Third-Party Features, mySMBscore is not responsible for the accuracy or reliability of the information or services provided therein. Your interactions with the companies providing such Third-Party Features are solely between you and those companies. We are not responsible or liable for any damages, losses, or other problems caused by or related to your use of any Third-Party Features.
We are also not responsible for any PII, NPII, or other Information that you share with third parties. You should read the applicable privacy policies and terms of service of those parties so that you understand their own information collection and sharing practices.
Content Rights of mySMBscore and Associated Third Parties
The Site contains copyrighted material, trademarks, and other proprietary information of mySMBscore, our Partners, our Providers, and our marketing partners, vendors, and other third parties (collectively, the “Associated Parties”) including, but not limited to, text, data, software, icons, graphics, charts, photos, videos, and music and sound (“Content”). In addition, the entire contents of the Site are copyrighted as a collective work under United States copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it.
You are permitted to use our Content only when visiting our Site or using our Services, and you may not copy, modify, sell, reproduce, distribute, republish, display, post, exploit, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without express written permission from mySMBscore and the copyright owner. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means.
You also may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.
The Content may not be used to disparage mySMBscore, its Associated Parties, or the applicable products and services of such parties, nor shall it be used in any manner that may damage any goodwill in the Content itself.
All contents of the Site are Copyrighted by mySMBscore and/or its Associated Parties. All rights reserved. mySMBscore is a registered trademark of mySMBscore. Other product and company names mentioned herein, including the names of Associated Parties, may be the trademarks of their respective owners.
You may not use our Site or Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:
Attention: DMCA – Legal Department
Charm Solutions US, Inc. DBA mySMBscore
920 Justison St.
Wilmington, DE 19801
To find out more about what to include in the notice and about the procedures we will follow, click here to read the DMCA: https://www.gpo.gov/fdsys/pkg/USCODE-2015-title17/html/USCODE-2015-title17-chap5-sec512.htm
We reserve the right, in our sole discretion, to block or otherwise prohibit from using our Site and Services any person who repeatedly posts materials that infringer, or are alleged to infringe, the intellectual property rights of others.
We may provide opportunities for our Users to contribute content and interact with other customers on the Site. Such opportunities may include rating and review sections, message boards, and other similar features where you can create, submit, and publish certain kinds of content and material (“User Content”). You must abide by our User Content Rules when publishing, uploading, or submitting any such content.
You are solely responsible for the User Content that you publish, upload, or submit to our Site or via our Services. By publishing, uploading, or submitting User Content, you represent and warrant that:
User Content that you view on the Site or through our Services that may be inaccurate, offensive, indecent, or objectionable. mySMBscore may, but is not obligated to, monitor, edit, re-format, alter, delete, remove, or otherwise control User Content for any reason, including to satisfy applicable law, enforce the Agreement (including our User Content Rules), or protect the rights, property, or safety of mySMBscore, mySMBscore users, or any third party, in each case without notice and in our sole and absolute discretion.
We do not endorse or represent, nor do we guarantee the completeness, accuracy, reliability, or usefulness of, any User Content. We disclaim all liability for User Content and you hereby waive any legal or equitable right or remedy you have against us with respect to User Content.
mySMBscore intends for the information contained on the Site or otherwise provided through its Services to be accurate and reliable. However, errors may occur. Under no circumstances will mySMBscore be held liable for any loss or damage caused by your reliance on information obtained through the Site or Services. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice or other content available through the Site or Services. In addition, mySMBscore is not responsible for any errors or delays in responding to an Inquiry or other communication that is caused by any technical or other problems beyond our reasonable control.
THE mySMBscore SITE AND THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. mySMBscore, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS ASSOCIATED PARTIES, DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
USE OF THE SITE, ANY CONTENT CONTAINED THEREIN, AND mySMBscore SERVICES IS AT YOUR OWN DISCRETION AND RISK. mySMBscore AND ITS AFFILIATES AND ASSOCIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR mySMBscore SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE SITE OR THAT RESULTS FROM DEFECTS, MISTAKES, INTERRUPTIONS, DELETION OF INFORMATION, ERRORS, OMISSIONS, VIRUSES, WORMS, TROJAN HORSES, BACK DOORS OR OTHER CODE OR PROGRAMMING THAT IS MALICIOUS, DESTRUCTIVE OR INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO mySMBscore RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF mySMBscore AND/OR ITS SUPPLIERS, PROVIDERS OR COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY REGARDING mySMBscore OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SITE AND SERVICES, YOUR INTERACTIONS WITH ANY OTHER mySMBscore USER OR OTHER THIRD PARTY, AND YOUR USE OF CONTENT MADE AVAILABLE THROUGH OUR SITE OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SITE OR SERVICES OR THE USE OF ANY CONTENT MADE AVAILABLE THROUGH OUR SITE OR SERVICES.
YOU ACKNOWLEDGE THAT mySMBscore IS SOLELY AN INTERMEDIARY (A) BETWEEN YOU AND ANY CREDIT BUREAU OR OTHER INFORMATION PROVIDERS SUPPLYING YOUR CREDIT PROFILE, CREDIT SCORES, AND OTHER INFORMATION; AND (B) BETWEEN YOU AND OUR PROVIDERS AND OTHER MARKETING PARTNERS WHOSE OFFERS WE PRESENT. mySMBscore EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT OR OTHER INFORMATION, TOOLS MADE AVAILABLE, OR ANALYSES PRESENTED THROUGH OUR SITE OR SERVICES.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
As a condition of use of the Site and/or mySMBscore services, you agree to defend, indemnify, and hold harmless mySMBscore and its Associated Parties from and against any and all liabilities, claims, expenses (including attorneys’ fees), demands, and damages arising out of or in any way related to (a) your use of our Site or Services; (b) your violation or alleged violation of this Agreement or any applicable law; (c) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (d) any dispute between you and a third party, including any provider of Content. You must not settle any such claim or matter without the prior written consent of mySMBscore. mySMBscore and its Associated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Site or Services, or any products or services sold, offered, or purchased through our Site or Services (“Dispute”).
You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
This Agreement to Arbitrate will survive the termination of your relationship with us.
Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in the State of California. You and we agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Site at least 30 days before the effective date of the change.
Unless you and mySMBscore agree otherwise, if the agreement to arbitrate is found by a court to be unenforceable, if your claim is not covered by the agreement to arbitrate, or if you neither are a resident of nor have a principal place of business in the United States or Canada, you agree that any dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in the State of California. You and we agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees. You and mySMBscore both agree that, despite the foregoing, nothing in this Agreement will limit the right of either of us to bring an individual action in a local small claims court.
If (a) you submit a claim notice in an arbitration proceeding on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including timing and confidentiality requirements stated above); (b) we refuse to provide you with the money damages you request; and (c) the arbitrator issues you an award that is greater than the latest money damages you requested at least ten days before the date the arbitrator was selected, then we will pay you the amount of the award or $7,500, whichever is greater, in addition to the attorneys’ fees and expenses (including expert witness fees and costs) to which you are otherwise entitled. We encourage you to address all claims you have in a single claim notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated.
This Agreement hereby incorporates by reference any other provisions applicable to use of the Site and Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Site or through the Services, and any operating rules for the Site established by mySMBscore.
This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding conflict of laws provisions.
If any provision of this Agreement is deemed 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 the Agreement shall continue in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
Our failure to enforce any of our rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by mySMBscore of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of the Company.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement 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.
We may assign this Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
The section titles contained in this Agreement are inserted only for convenience and have no legal or contractual effect. The Agreement will not be construed against mySMBscore because we drafted it.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.