Last updated: May 26, 2009

Welcome to CreditGumbo.com. KGW Gumbo, LLC, a Florida limited liability company (“we,” “our” or us”), owns and operates this web site and makes information, products and services available through this web site subject to the following Terms of Use, which constitute a legally binding agreement (this “Agreement”). By accessing or using this web site and/or any of its pages, features, forums, widgets, buttons and web properties (collectively, the “Web Site”), you indicate your acknowledgement and acceptance of all terms and provisions of this Agreement without limitation or qualification. You have our permission to use the Web Site if you are at least eighteen (18) years of age and comply fully with all of the terms and provisions presented in this Agreement. You also represent that you have the capacity to be bound by the Agreement, or if you are acting on behalf of a company or other entity, that you have the authority to bind such company or entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THE WEB SITE.

We may at any time, and at our sole discretion, update, change or discontinue this Web Site or any portion of this Web Site, including this Agreement, without notice. Any changes to the Agreement will be effective immediately upon the posting of the updated Agreement on the Web Site. Therefore, please visit the “Terms of Use” area each time you visit the Web Site in order to familiarize yourself with the then current Agreement. Your access or use of the Web Site following the posting of the updated Agreement constitutes your agreement to be bound by, and to act in accordance with, the then current Agreement.

License to Use the Web Site

We are granting you a limited, personal, non-transferable license to use the Web Site. You are only allowed to access the Web Site for lawful purposes. Any action by you, or the company or entity you are binding as described above, that, in our sole discretion: (a) violates the Agreement and/or the CreditGumbo.com Privacy Policy; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Web Site; or (c) through the use of the Web Site, abuses, defames, offends or threatens, shall not be permitted.

You also may NOT:

• use another’s account for the Web Site;
• solicit for commercial purposes other users of the Web Site;
• use the Web Site to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes;
• use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• distribute or upload viruses or any other code, programs or technologies that may harm the Web Site, or the interests, data or property of users of the Web Site; or
• harvest or otherwise collect personal information about users, including e-mail addresses, without their consent.

Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (b) bypass any measures we may use to prevent or restrict access to the Web Site. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

We may suspend or terminate your right to access or use the Web Site, or any account you have for the Web Site, at any time, without notice, if you violate any of these restrictions or if we believe, in our sole discretion, that your activities create unacceptable legal risk, violate this Agreement or are jeopardizing or interfering with other users’ rights or the technical operation of the Web Site.

Access to and Operation of the Web Site

Your access to or use of the Web Site may be interrupted at any time, for any duration of time and for any reason. We reserve the right to cancel, discontinue, suspend or interrupt availability of or access to the Web Site or any portion or feature of the Web Site at our sole discretion and without prior notice.

We make no representation or warranty that the Web Site’s operation will meet the needs of the user. We make no representation or warranty that access to the Web Site or its content, including any content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from interruptions, defects and errors or that any interruptions, defects or errors will be corrected. You understand and agree that we are not and will not be responsible for any costs, losses or damages for services, repairs or corrections that may be necessary for your computer equipment or software, or for any loss, corruption, damage or improper access to data, as a result of viruses, worms, trojan horses, or other harmful components accessed via this Web Site or any other web pages or websites to which the Web Site is linked.

About our Content, Information and Materials; No Representations or Warranties; Limitation of Liability

The Web Site contains our editorial content and proprietary features, as well as information provided to us by third parties. While we believe such information to be accurate and reliable, we make no warranties or representations about the accuracy, correctness, timeliness, usefulness or completeness of any of the information presented on the Web Site. THE WEB SITE, AND ALL CONTENT, INFORMATION AND MATERIALS AVAILABLE ON THE WEB SITE (INCLUDING ANY CONTENT, INFORMATION AND MATERIALS PROVIDED TO US BY THIRD PARTIES), ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, AND FREEDOM FROM VIRUSES OR HARMFUL CODE. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED.

Without limiting any of the foregoing, we do not warrant or make any representations regarding the use or the results of the use of the content or materials available on the Web Site in terms of their accuracy, timeliness, correctness, reliability or otherwise. The content, information, advertising materials and other materials on this Web Site may have omissions and may contain errors, including technical inaccuracies or typographical errors. The content, information, advertising materials and other materials on the Web Site could become inaccurate as a result of developments occurring after their respective dates. For example, information about credit products featured on the Web Site, such as interest rates, fees, rewards and other features, may be incorrect, incomplete or out of date. We have no obligation to verify or maintain the currency of any content, information or materials presented on or through this Web Site. It is your sole responsibility to independently evaluate the accuracy, correctness and completeness of the content, information and all other material presented on this Web Site as well as its suitability for your purpose.

KGW Gumbo, LLC and CreditGumbo.com are not certified financial planners, lawyers or accountants, and do not offer the services of financial planners, lawyers or accountants. Before making any decisions or implementing any financial or legal strategy, including applying for a credit card or other credit product, you should ask the opinion of or seek advice from a certified financial planner, lawyer, accountant or other duly qualified professional advisor. Information provided on the Web Site should not be considered credit, financial or legal advice. You should not rely on any advice or information you obtain on this Web Site as a substitute for the advice of a competent professional. Should you choose to rely on any advice or information you obtain on this Web Site you agree that you do so entirely at your own risk.

KGW Gumbo, LLC and CreditGumbo.com are not financial institutions or brokers or providers of credit. We are not controlled by or under common control with, and are not responsible for and have no control over, such institutions or credit providers or brokers. Nor do we have any responsibility for or control over any aspect of the products or services advertised or otherwise featured on the Web Site, including, but not limited to pricing, benefits and features or qualification criteria for any products or services described or commented upon in any advertising, content, information or materials on the Web Site or any web pages or websites to which the Web Site is linked. You agree that any and all problems or disputes you may have with respect to products or services advertised or featured on the Web Site are not our responsibility and are matters to be resolved solely between you and the providers of such products or services. You agree to hold us, our affiliates, of each our respective members, managers, principals, shareholders, officers, directors, employees, agents and contractors harmless from all claims, actions, liabilities, damages, losses, costs and penalties arising of or in any way related to any such problems or disputes or your use of or reliance on any information on this Web Site.

We do not guarantee and make no representation or warranty as to the accuracy, quality, timeliness, validity, availability or authenticity of any of the rates or terms presented for any of the credit cards or other loan products featured on the Web Site. All information presented is subject to change without notice. Definitive pricing, benefits, features, availability and qualification criteria for credit cards and other loan products are determined by the applicable credit provider upon your submission of an application at its web site.

Some of the credit cards, loan products and other products and services presented on this site may be offered by companies that pay us when they receive a completed application, upon approval of a completed application or when a product or service is purchased. The prominence and placement of advertisements or listings for specific offers of credit cards, loans and other products and services are determined by us based on several considerations, which may include, but are not limited to, the terms of the offer, features and benefits, and compensation paid to us by the company offering the credit card, loan or other product or service or its affiliates.

Nothing on this Web Site constitutes an offer of credit, a promise to extend credit, a promise to provide a specific credit card or loan product or a promise that any credit card issuer or other credit provider will offer you a credit card or loan product for any purpose or under any specific terms. Nothing on this Web Site should be construed as an advertisement for credit as defined by paragraphs 226.16 or 226.24 of Regulation Z (or any equivalent provision) of the Truth in Lending Act. Nothing on this Web Site constitutes a solicitation as defined in paragraph 226.5a of Regulation Z (or any equivalent provision) of the Truth in Lending Act.

If you contact a credit card issuer, lender or other product or service provider (or an agent or affiliate) presented on this Web Site, or submit an application for credit, the personal information provided by you to the receiving party will not be shared with us or our members, managers, employees, consultants or agents.

WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AND THE CONTENT, INFORMATION, PRODUCTS, SERVICES AND MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE MEMBERS, MANAGERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY ADVICE OR RECOMMENDATIONS PRESENTED ON THE WEB SITE, ANY ACTS OR OMISSIONS OF OTHER USERS, ADVERTISERS OR CREDIT PROVIDERS, OR ANY NEGLIGENCE, INFRINGEMENT, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT) ARISING OUT OF YOUR OR ANY THIRD PARTY'S USE OR THE INABILITY TO USE THE WEB SITE OR THE CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS PRESENTED, FEATURED OR OTHERWISE AVAILABLE ON THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE THE CASE REGARDLESS OF WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS PROVIDED IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Third Party Links and Third Party Products

The Web Site may contain links to third-party sites that may include, but are not limited to advertisers, credit card companies and other credit providers, and other third parties. The presence of such links does not constitute an endorsement, recommendation, authorization, sponsorship or warranty, express or implied, by us of the content, products, services, opinions, advertisements, advice or other information provided by these third parties. We do not author, control, monitor or edit these linked web pages or web sites. We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability,timeliness or suitability of the content, product offerings, advertising, opinions, advice or other information provided on third-party web pages or web sites. It is your sole responsibility to independently evaluate the accuracy, correctness,completeness, reliability, timeliness and suitability of the content, information and all other material presented on any web pages or web sites which you access via links on the Web Site. If you decide to purchase a product or service or use the information, advice or guidance provided on a third-party web site, you do so at your own risk.

We also make no warranty that links to third-party web pages or web sites will meet the needs of the user or that the content on linked web pages or web sites, including content available for download, will be timely, free from viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components, or free from defects and errors or that any defects or errors will be corrected. ANY USE OF THIRD-PARTY WEB SITES AND WEB PAGES IS ENTIRELY AT YOUR OWN RISK.

In addition, any linked web sites or web pages may have privacy and security practices that are very different from ours. We have no responsibility for or control over such privacy or security practices or any third-party web site’s collection, storage, use or disclosure of information from you. You agree that you have read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of any linked web pages and web sites.

Policy on Linking to CreditGumbo.com

We grant you the non-exclusive right to create a hypertext link to the Web Site, www.creditgumbo.com. You understand that this right may be revoked at any time without prior notice. By exercising this right, you agree to the following:

The web site from which you are linking to CreditGumbo.com may not contain content that would violate any law or would likely be considered to be obscene, defamatory, libelous, threatening, harassing, pornographic, offensive racially or ethnically, discriminatory, or to encourage illegal activity of any kind.

You will not state or imply that you or any web site on which you place a link to CreditGumbo.com, or any of its pages, are endorsed by, sponsored by or affiliated or associated with CreditGumbo.com or KGW Gumbo, LLC.

You will not change, modify or replicate the appearance or content of the Web Site.

You will not use any framing technique to enclose the trademarks, logos, images, text, layout or design of the Web Site, or any other intellectual property contained in the Web Site, without our prior written consent.

We reserve the right to revoke your right to use the link at any time and for any reason. Therefore, if you create a hypertext link to the Web Site, you agree that the link shall be removed immediately upon our request.

Use of Public Forums and Ownership of User Content

Any materials, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other materials posted to, uploaded to, submitted to or shared in any blog or other public forum or user content area on the Web Site or anything e-mailed to us (collectively “User Content”), is subject to the following terms.

You are solely responsible for any User Content you post, upload, submit, share or e-mail to the Web Site. We do not approve or endorse any statements provided in User Content, and we do not control the quality of User Content. We do not have any responsibility for the availability, accuracy, correctness, completeness, reliability or timeliness of User Content, and we may choose to post, refuse to post, delete, remove or modify User Content at our sole discretion, without prior notice.

By providing User Content through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sub-licensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, broadcast and distribute the User Content in any form, in all media, anywhere in the world for any purpose, including for advertising or promotional purposes.

By submitting User Content, you represent and warrant to us that you either own all rights in, to and relating to such User Content or have the right and ability to grant the licenses in such User Content described above. You may not submit any User Content where the foregoing representation and warranty is not true, i.e., where the approval of or payment of compensation to another party may be required for the User Content to be reproduced, distributed, displayed, publicly performed, edited, modified or otherwise used by us. This includes, without limitation, any User Content which is or contains the copyrighted material, trademarks, service marks or other intellectual property of another party, or which features an image or likeness of a person from whom you have not obtained the necessary permission in writing. You represent and warrant to us that any User Content you submit does not and will not violate or infringe any copyright, trademark, publicity or privacy right, trade secret right or any other right of a third party. You may not manipulate anything on the Web Site to hide or disguise in any way the origin of any User Content nor may you impersonate another person, company or organization of any kind. You may not submit User Content that contains lies or misrepresentations of any kind or that is illegal, obscene, defamatory, libelous, threatening, harassing, pornographic, offensive racially or ethnically, discriminatory, indecent, or that encourages illegal activity of any kind. You may not upload, launch, post, e-mail or transmit any material that may contain viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components or any kind. You may not submit User Content that disparages us, the Web Site, or our members, managers, employees, consultants, agents, users, customers, partners, vendors, or affiliates.

When participating in any Web Site forums, you agree that any User Content you provide must be relevant to the forum.

Any problems or concerns about User Content must be immediately reported to us at webmaster@creditgumbo.com.

Trademarks and Copyrights (Intellectual Property Ownership)

All material, including but not limited to information, data, text, software, photos, graphics, music, sound, videos, messages, tags, interactive features, or any other material contained in or appearing on the Web Site (collectively, “Content”), with the exception of User Content, certain images and article content licensed from third parties as well as third-party names, marks, logos, symbols and product names used on the Web Site, is owned by and is the copyrighted material of KGW Gumbo, LLC. All Content is protected by applicable copyright, trademark and other intellectual property laws. CreditGumbo, CreditGumbo.com and the CreditGumbo.com logo are service marks owned by KGW Gumbo, LLC, and all goodwill arising from any use thereof shall inure to our sole benefit. All other company names, marks, logos, symbols and product names on the Web Site are the trademarks, service marks or other intellectual property of their respective owners. Nothing on the Web Site is intended to convey or suggest any association or affiliation with, or sponsorship or endorsement of us or the Web Site by, any such owners.

Except as provided in this paragraph, you may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (other than User Content you have submitted to us) without our prior express written permission. You may reproduce and republish Content owned by us (i.e.. not including any third-party images, marks, logos, article content or other material), without framing, abridgement or modification and in a manner that is not inaccurate, misleading, confusing, deceptive or inconsistent with this Agreement, provided that the Web Site is prominently cited as the source of the Content. You may not make any representations or warranties, express or implied, with respect to such Content. You also agree that we are not responsible for any claims, actions, losses, costs or damages that may result or arise from your reproduction or republication of such Content, and you hereby agree to indemnify, defend and hold harmless us, our affiliates and each of our respective members, managers, principals, shareholders, directors, officers, employees, contractors and agents from and against any and all such claims, actions, losses, costs or damages. Additionally, you may use hypertext links to the Web Site as specifically permitted in the section above entitled “Policy on Linking to CreditGumbo.com.”

Copyright Policy

We respect the rights of all copyright holders, and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Web Site users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CreditGumbo.com’s Copyright Agent the following information required by the infringement liability limitation provisions of the Digital Millennium Copyright Act, 17 U.S.C. §512 (please see 17 U.S.C §512(c)(3) for further detail, or consult your legal counsel to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Web Site;
4. Your address, telephone number and e-mail address;
5. A written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

For copyright inquiries under the Digital Millennium Copyright Act please contact us at: copyrightagent@creditgumbo.com

Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates and each of our respective members, managers, principals, officers, shareholders, directors, employees, agents, contractors, business partners and service providers from and against all claims, suits, actions, losses, expenses, damages, penalties and costs, including reasonable attorneys' fees, resulting from any (1) actual or alleged violation of this Agreement, (2) use of the Web Site by you or any person using your password, (3) your actual or alleged failure to comply with any applicable legal or regulatory requirements, or (4) any damages, injuries, losses, claims or causes of action which may arise from any User Content provided by you.

Reservation of Rights

Any rights not expressly granted in this Agreement are reserved by us. We reserve the right to seek all remedies available by law and equity for any violation of this Agreement or our other rights under applicable law. We also reserve the right to notify and cooperate with appropriate law enforcement authorities in connection with investigating or prosecuting any suspected criminal acts.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable. Only that portion that is found to be unlawful, void or unenforceable will be removed from this Agreement.

No failure on our part to enforce strict performance of any part of this Agreement will constitute a waiver of any provision of, or any of our rights, under this Agreement.

This Agreement is solely between you and us and governs your use of the Web Site. It does not override, or otherwise modify or supersede, the terms and conditions that apply to any product or service offered or described on the Web Site or any other web site or web page to which it is linked. Your rights and obligations with respect to any such product, service, web site or web page are set forth in the agreement or terms of use furnished by the provider of such product, service, web site or web page.

We shall not be responsible for any errors, failure to perform or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, acts or failures of third-party service providers, or any other similar conditions beyond our reasonable control. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Web Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Web Site or sending an e-mail to you at any e-mail address furnished by you. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:
  Andrew M. Baer, Esq.
  Baer Business Law, LLC
  325 Chestnut Street, Suite 403
  Philadelphia, PA 19106
All notices regarding copyright issues shall be sent in accordance with our Copyright Policy as described above.

Except with respect to that body of law relating to conflicts of law, the laws of the Commonwealth of Pennsylvania shall govern this Agreement. The parties agree to submit to jurisdiction and venue in the Commonwealth of Pennsylvania and in the U.S. district courts located therein. This Agreement, together with our Privacy Policy as posted on the Web Site, constitutes the complete agreement between you and us and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. The indemnification, intellectual property ownership, limitation of liability, disclaimer of warranties, miscellaneous and such other provisions that, by their terms, should survive any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement. The headings and titles in this Agreement are for convenience only and shall not have any legal or contractual effect.

If you have any concerns, questions or feedback regarding this Agreement, please send them via e-mail to: webmaster@creditgumbo.com.