Terms Of Service
By using creditcardGenuis.ca ("the Site") and any other Services (together with the Site, the “Services”) provided by WeyMedia Inc. and its affiliates (“WeyMedia", "we” or “us”), you are agreeing to be bound by these Terms and Conditions ("Terms"), including the mandatory arbitration provision and class action waiver in Section 9.
If you do not wish to be bound by these Terms, you must discontinue use of the Services.
1. Purpose; User responsibility
- Our goal is to be the best credit card resource available anywhere for our users. The information provided on our Services is meant to be a starting point for users to make well-rounded and well-informed decisions. However, despite our efforts to have complete and accurate information on maximizing your money and optimizing your savings, we make no representations or warranties (express or implied) that our Services will be error-free or complete or completely accurate or current at all times or at any time. It is your responsibility to conduct further research to verify the information on our Services and ensure any actions you take meet your own personal and financial goals.
- Our Services exists for informational and educational purposes only. All content provided on our Services is reflective of our views, and is intended for general informational purposes only. In addition, the views and opinions expressed by contributors to our Services do not necessarily reflect those of ours.
- You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
2. Disclaimers and release from liability
- Everything you read on our Services is the opinion of us or our contributors only. We do not provide personalized financial advice and we do not act as a financial advisor. The information on our Services is NOT intended to be a substitute for investment, tax, accounting or legal advice ‒ and you are responsible to obtain financial, tax, accounting, legal or other professional advice before acting on any information provided by us, to ensure that you’ve gathered all the information you need to determine what’s right for your specific circumstance. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Given that you use the available information from our Services for free ‒ please note that this is at your own risk, and you release us from any and all liability of any kind whatsoever. By using our Services, you expressly acknowledge and agree that in no event will we or our suppliers or licensors be liable for any damages suffered by you, either directly or indirectly, as a result of the use or inability to use our Services or its contents, including for any indirect, consequential, incidental, or special damages or lost profits, even if we have been advised of the possibility of such damages.
- Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- We make reasonable efforts to ensure that our Services are virus-free and malware-free, but we do not and cannot guarantee that this is the case. You are responsible for the entire cost of any service, repairs or corrections necessary as a result of your use of our Services.
- We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services, including hyperlinks to third-party materials or services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
3. Privacy policy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
4. Intellectual property
- All of the original content and materials made available on our Services are owned by us and/or our affiliates, and are protected by U.S. and international copyright laws, trademark, and other applicable intellectual property laws. Our content is provided for personal, non-commercial use only. Unless explicitly authorized by us, none of our content may be copied, reproduced, re-published, sold, distributed, modified, uploaded, transmitted, translated or exploited, nor can derivative works be created based upon our content without our prior written consent. Any copying, reproduction, republishing, sale, distribution, modification, uploading, reverse engineering, transmission, translation or exploitation of, or creation of derivative works based upon, these materials for commercial purposes without our permission is prohibited. Only for the purpose of personal and non-commercial use, you may make one copy of extracts from our Services provided that all copyright notices are kept intact.
- Our Services may allow you and other users to create, post, store and share content, including when you post a comment on our Services and/or in our social media channels ("User Content"), you represent that you own or have all necessary intellectual property rights in any User Content you post. You grant to us a perpetual, unlimited, and royalty-free license to re-publish in whole or in part that User Content on our Services and in print for marketing purposes. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
5. User restrictions
- You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and us;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may only post or otherwise share only User Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm or liability of any type.
Enforcement of these User Content restrictions is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, these User Content restrictions do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Copyright claims
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Agent: WeyMedia Inc.
Address: 790 Dieppe Blvd. Suite 104
Dieppe, NB Canada E1A 9G5
Telephone Number: 1-506-800-7997
E-Mail Address: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.
7. Further disclaimers
Although we pride ourselves to be well-researched in every article, reviews, comparison, and rankings that we publish, we can’t guarantee the completeness or accuracy of the information, content or postings found on our Services. By using our Services, you acknowledge and agree to take full responsibility for your decisions by ensuring that you have done your research that is aligned to your specific personal and financial goals. Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use or downloading any content on our Services. As such, before you apply for or use any products or services mentioned on our Services, please ensure that: 1) you’ve read and understood these Terms; 2) verify and confirm that all the information presented is accurate and complete; and 3) conduct further research and obtain professional consultation as you see fit to ensure that the product or service meets your specific needs.
8. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold us harmless against any and all claims, liabilities, damages, causes of action, costs and expenses, including legal fees and expenses, arising out of or related to (a) your breach of any obligation, warranty, representation or covenant under these Terms; or (b) your use of the Services, including any User Content. You agree to promptly notify us of any third-party claims, cooperate with us in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You also agree that we will have control of the defense or settlement, at our sole option, of any third-party claims.
9. Dispute resolution; Binding arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with WeyMedia and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
- No Representative Actions. To the fullest extent of applicable law, you and WeyMedia agree that any dispute arising out of or related to these Terms or our Services is personal to you and WeyMedia and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- Arbitration of Disputes. Except for small claims disputes in which you or WeyMedia seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or WeyMedia seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property rights, to the fullest extent of applicable law, you and WeyMedia waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. Instead, for any Dispute that you have against WeyMedia, you agree to first contact WeyMedia and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to WeyMedia by email at [email protected] or by certified mail addressed to 790 Dieppe Blvd Suite 104 Dieppe, NB Canada E1A 9G5. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and WeyMedia cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York unless you are a consumer in the United States, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 9, a “consumer” means a person using the Services for personal, family or household purposes. You and WeyMedia agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website (available at: https://www.jamsadr.com/rules-streamlined-arbitration/)and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
- You and WeyMedia agree that these Terms affect interstate commerce and that the enforceability of this Section 9 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, WeyMedia, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- You and WeyMedia agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and WeyMedia will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, WeyMedia will pay all JAMS fees and costs. You and WeyMedia agree that the state or federal courts of the State of New York and the United States sitting in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and WeyMedia will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 9 by sending a written notice of your claim ("Notice") to WeyMedia by email at [email protected] or by certified mail addressed to 790 Dieppe Blvd Suite 104 Dieppe, NB Canada E1A 9G5. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 10.
- If any portion of this Section 9 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 9 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 9; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 9 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 9 will be enforceable.
10. Governing law and venue
Any disputes between us, other than those governed by Section 9, will be resolved in accordance with the laws of the state of New York, except to the extent preempted by U.S. federal law, notwithstanding your residence or physical location and without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree to the exclusive jurisdiction of the federal and state courts of New York, New York to decide and adjudicate any dispute in connection with our Services, its disclaimers or its Terms.
11. Miscellaneous
- The products, Services, and information described in our Services are available only in jurisdictions where they may be legally provided, and therefore may not be available in all regions.
- Our Services are not for use by persons under the age of eighteen (18) years. Use of our Services is void where prohibited by law.
- We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
- If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
12. Changes to terms
These Terms were last updated December 13, 2018, are effective immediately, and replace any previously published terms. These Terms may be changed at any time at our discretion. Should we update these Terms, we will provide notice of the changes, by posting the updates to this page. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.