Last updated: February 28, 2023
January Technologies, Inc. (referred to as “January,” “Company,” “us”, “we” or “our”) provides an online platform accessible at www.january.com, or any january.com sub-domains (collectively, the “Sites”) to facilitate and simplify debt collection services, including to allow for the following (collectively, “January Services”):
These terms and conditions, together with all agreements expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of the January Services, including all content, functionality, and services offered on or through the January Services, regardless of whether or not you create an account with us (an “Account”). The terms “you,” “your” or “end user” as used in these Terms means any person or entity acting as a Creditor, Debtor, or otherwise using the January Services, including by accessing the Site (each, a “User”).
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THIS IS A LEGAL AGREEMENT. BY CLICKING THE “ACCEPT” OR SIMILAR BUTTON OR TICK BOX, BY ACCESSING OR USING ANY OF THE JANUARY SERVICES (IN THE CASE OF THE SITE, WHETHER AS A GUEST OR WITH AN ACCOUNT), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS ANY AND ALL ADDITIONAL TERMS AND POLICIES WE PROVIDE, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY (https://www.january.com/privacy), ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “ACCEPT” OR SIMILAR BUTTON OR TICK BOX, SIGN UP FOR AN ACCOUNT, OR OTHERWISE ACCESS OR USE THE JANUARY SERVICES.
These Terms give you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by Applicable Laws (as defined in Section 7 of these Terms).
2. Eligibility; No Use by Minors
5. Access to the January Services
6. Accuracy and Completeness of Information
15. Copyright Policy and Complaints
16. Linking from the Site, Social Media Channels or E-mails
19. Service Availability; Account Security
25. Text Messaging Terms and Conditions
THE JANUARY SERVICES ARE COMPRISED OF AN ONLINE SOFTWARE PLATFORM THROUGH WHICH CREDITORS AND DEBTORS ENGAGE IN THE RESOLUTION OF DELINQUENT DEBTS. YOU UNDERSTAND AND AGREE THAT FOR PURPOSES OF THE JANUARY SERVICES PROVIDED BY JANUARY, JANUARY IS ACTING AS A “DEBT COLLECTOR,” AS DEFINED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT.
These Services are not available where prohibited or limited by Applicable Laws.
January is compliant with the rules of the applicable payment card networks.
The January Services are intended solely for users who are 18 years of age or older. By accessing or using the January Services, you represent and warrant that (i) you are 18 or older and otherwise have capacity to contract and (ii) if you are accessing or using the January Services on behalf of an entity, you have the authority to bind that entity to these Terms.
Use of the January Services is void where prohibited. January does not offer January Services outside of the United States and the January Services are intended for a United States audience and controlled and offered by January from the United States. January makes no representations that the January Services are appropriate or available for use in other locations. Those who access or use the January Services from other jurisdictions are responsible for compliance with local law and January expressly disclaims any responsibility or liability for any and all such use outside of the United States.
Our Privacy Policy governs the processing of all data collected from you in connection with your use of the January Services. Please carefully review our Privacy Policy to learn about how we collect and use your data before accessing or using the January Services.
To access the January Services you are required to have an Account. In order for us to set up your Account you may be asked to provide certain registration details or other information. If you are opening an Account as a Creditor, you are required to agree to a written agreement with January prior to receiving an Account and being able to access the January Services. If you are a Debtor, you will be required to verify your identity in order to confirm and access your Account. You represent and warrant that: (i) all required registration information you submit is correct, current, and complete; (ii) you will maintain the accuracy of such information; (iii) your use of the January Services does not violate any Applicable Laws or regulation; (iv) all of your communications with other Users will be in good faith and truthful; and (v) your facility and the location from where you are accessing and using the January Services are located in the United States. You agree that all information you provide to register for an Account, through the January Services or otherwise, including but not limited to through the use of any Interactive Features of the January Services is: (A) true and accurate and (B) is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Subject to your compliance with these Terms, January or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the January Services. This license does not include any resale use of any January Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any January Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by January or its licensors, suppliers, publishers, rightsholders, or other content providers. No January Services, nor any part of any January Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of January. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of January without the express written consent of January. You may not use any meta tags or any other "hidden text" utilizing January's name or trademarks without the express written consent of January. You may use the January Services only as permitted by law. The licenses granted by January and your right to access and use the January Services terminate if you do not comply with these Terms.
January is not responsible for any harm or damage that may occur if information made available on or through the January Services by January, or by any Creditor, Debtor, Service Provider (as defined in Section 17), User or any other person or entity (including certain information or other content from third parties), is not accurate, reliable, effective, complete, or current, and we make no endorsement, representation, warranty, or guarantee of any kind about any such content, information, services, communications, or recommendations (collectively, “January Content”). Such January Content is provided for general information only and should not be relied upon or used as the basis for making decisions without interacting with any Creditors, Debtors, or other Users directly. All information reflected in the January Content or elsewhere on the Sites that was provided to January by any third party, including any Service Provider, Creditor, Debtor, or other User has been represented to us as true, complete and accurate at the time such information was provided, however, we do not represent, warrant, or guarantee that any Service Provider, Creditor, Debtor, or other User contributing to the January Services is presenting accurate or complete information through the January Services or otherwise. You acknowledge that information provided through the January Services may be unavailable, inaccurate, or incomplete, including any representations made regarding performing any debt collection services, and any information about any specific Debtor, Creditor or other User.
You acknowledge and agree that (a) your use of the January Services does not serve as your compliance with Applicable Laws and will not violate any provision of any Applicable Laws to which you are subject or pursuant to which you conduct your business, and (b) you will comply with all Applicable Laws when using the January Services, which may include, among other Applicable Laws: Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1601), Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681), Equal Credit Opportunity Act (ECOA) (15 U.S.C. § 1691), Gramm-Leach-Bliley Act (GLBA) (15 U.S.C. § 6801), the Federal Trade Commission Act (15 U.S.C. § 45), and the Office of the Comptroller of the Currency Regulation (12 C.F.R. Part 40).
“Applicable Laws” means any (a) law, statute, regulation, ordinance, or subordinate legislation in force from time to time; (b) common law; (c) order, writ, judgment, injunction, decree, stipulation, award or determination entered by or with any Governmental Authority (defined in next paragraph below); (d) directive, policy, guideline, rule, or order made or given by a Governmental Authority, of, in the case of items (a) through (d) above, any country, or other national, federal, commonwealth, state, provincial, or local jurisdiction.
“Governmental Authority” means any federal, state, local, or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations, or orders of such organization or authority have the force of law), or any arbitrator, court, or tribunal of competent jurisdiction.
Payments made by Users through the Sites in connection with the January Services, including any applicable payments Debtors make in resolution of their Delinquent Debts (the “Debt Payments”) are processed using commercial or personal check, wire transfer, or through one of our third-party payment service provider(s) (each, a “Payment Service Provider”). Each of our Payment Service Providers accepts the Payment Methods listed in Section 9 below. January does not view or store your full card information. For all purchases, our Payment Service Providers will collect your payment method details and charge your payment method. If we have your email on file with us, we may send you a confirmation notice for such payment.
You represent and warrant that (a) the Account, order, and payment method information you supply to us or our Payment Service Providers, as applicable, is true, correct and complete, (b) you are duly authorized to use such payment method for the purchase, (c) charges incurred by you will be honored by your payment method company, (d) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any, (e) you will not transfer the January Services or password to anyone else, and (f) you will report to us any unauthorized or prohibited access or use of the January Services through your Account.
If any of your Account or payment method information changes, as may be applicable to you, you agree to promptly update this information using the Site. We are not liable for any unauthorized use of your debit card, or other payment method by a third party in connection with your use of the Site or the January Services.
Payment for any applicable Debt Payments can be made using ACH, debit card, commercial or personal check, or wire transfer. If you use any payment card to make any payments, including the Debt Payments, you hereby consent that we may submit charges to be charged to your payment card for such payments, including the Debt Payments in accordance with these Terms.
The rights granted to you in these Terms are subject to the restrictions in this Section. You hereby warrant, represent and agree that you will not use the January Services or contribute any January Content in the following manner: (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the January Services or any part thereof; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of the January Services; (iii) access the January Services in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the January Services; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, handheld device, mobile device, data, the January Services, or any other system, device or property; (vi) access (or attempt to access) any of the January Services by means other than through the interface that is provided by January; (vii) access or use the January Services in a way intended to avoid incurring fees; (viii) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (ix) circumvent, disable, or otherwise interfere with the security or functionality of the January Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the January Services or their content; (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the January Services, the server(s) on which the January Services are stored, or any server, computer, or database connected to the January Services; (xi) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (xii) violate any law, statute, ordinance, or regulation; (xiii) impersonate any person or entity, including without limitation any employee or representative of January; (xiv) jeopardize the security of a user’s Account or anyone else’s Account; (xv) attempt, in any manner, to obtain the password, Account, or other security information from any other user; or (xvi) run Maillist, listserv, or any form of auto-responder or “spam” on the January Services or any processes that otherwise interfere with the proper working of the January Services (including by placing an unreasonable load on the January Services’ infrastructure).
These Terms will remain in full force and effect so long as you continue to access or use any of the January Services unless terminated under this Section. January may terminate your Account or your license to use the January Services at any time, without warning, in its sole discretion, for any reason, including, but not limited to, your failure to abide by these Terms, our Privacy Policy, any other agreements incorporated by reference, or any other January policies. Even after your Account or license to use the January Services is terminated, these Terms and our Privacy Policy, including all of your obligations under these Terms and our Privacy Policy prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your use of the January Services. Accounts may not be transferred to any other person or entity.
January reserves the right to suspend, or discontinue the January Services or any part thereof with or without notice to you. You agree that January will not be liable to you or to any third party for any modification, suspension, or discontinuance of the January Services or any part thereof. The January Services or any part thereof may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.
The January Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, animation, video, and audio, and the design, selection, and arrangement thereof), are owned by January, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You acknowledge and agree that January and its licensors own all right, title and interest, including all intellectual property rights and other proprietary rights, in and to the January Services, and no rights in the foregoing are transferred to you hereunder. The content of the January Services may not be copied, disseminated, altered or made accessible to third parties for commercial purposes or by you for any purpose other than as expressly set forth in these Terms.
All January trademarks, service marks, typefaces, company designs, logos and emblems on the January Services and other January materials are protected by trademark law. The marks and design elements used on the January Services, and other January materials are intellectual property of January or its licensors. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. The January Services may also display other product, service and/or company names that may be the trademarks of their respective owners.
By using the January Services, you may have the opportunity to provide January with information through interactive features January may provide on or through the January Services, including, without limitation, message boards, messaging/chat features, information sharing features (including the ability to e-mail information directly to other users), content sharing features, profiles, forums, and bulletin boards (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users, January, or other persons, (“post”) information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), and sound recordings (“User Submissions”).
If you do post or submit User Submissions, and unless we indicate otherwise, you grant January a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant January the right to use the name that you submit in connection with such content, at January’s option. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify January for all claims resulting from content you supply. January has the right but not the obligation to monitor and edit or remove any activity or content. January takes no responsibility and assumes no liability for any content posted by you or any third party.
In the course of using the January Services, you may choose to, or we may invite you to, submit information, comments, suggestions, or Ideas to us about you, your business, the January Services, products, services, and marketing, including how to improve them (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place January under any fiduciary or other obligation. January may use, exploit, copy, modify, publish, or redistribute the Ideas for any purpose and in any way without any compensation to you. You also agree that January may have similar Ideas under development and does not waive any rights to use similar or related Ideas previously known to January, developed by its employees or contractors, or obtained from other sources. Any Ideas submitted to us will be covered by our Privacy Policy.
January respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal of materials from the January Services that infringe the rights of copyright holders. If you believe that any material on the January Services infringes upon any copyright that you own or control, please provide January’s Copyright Agent (as defined below) the following information:
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 at a single site are covered by a single notification, a representative list of such works at that site;
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;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
January’s Copyright Agent for notice of claims of copyright infringement on or regarding the January Services can be reached via email at [email protected].
Counter-Notice. If you believe that your January Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your January Content, you may send a counter-notice containing the following information to January’s Copyright Agent:
Our January Services or e-mails may contain links to other third‑party sites that we do not control or maintain. We are not responsible for the privacy practices of any third‑party site. If you follow a link from the January Services or e-mails to another site or application, that site or application’s privacy policies will govern any information that site or application collects about you. Please note when you leave the January Services or an e-mail, and review the privacy statement at your destination before submitting any personal information.
We may use third parties to provide any of the January Services, in whole or in part (“Service Providers”). Our Service Providers are independent contractors. You understand that each such service is not controlled by January but rather by the Service Provider over which January has no control or power. January shall not be liable for the acts or omissions of such Service Providers and does not provide any representation, warranty or guarantee as to their services.
You are responsible for making all arrangements necessary to have access to the January Services, including, as applicable, your use of a computer with adequate software [or a supported mobile device] with internet connectivity, and ensuring that all persons who access the January Services through your computer are aware of these Terms and comply with them. We shall not have any responsibility or liability for any telephone, data or other costs you may incur.
Service Availability. You acknowledge that the January Services are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive the January Services in any given time or at all. The January Services are subject to interruptions from time to time and failures for a variety of reasons beyond January’s control.
Account Security. If you choose, or are provided with, a user name, 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 private and agree not to provide access to your Account to any other person or entity. You are at all times wholly responsible and liable for any activity that may occur on your Account. You agree to notify us immediately of any unauthorized access to or use of your Account, your user name 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. You should use particular 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. You are responsible for all activity that occurs in association with your Account and for the confidentiality and security of any personal information and January Content sent from or stored on your computer by the January Services. January is not liable for any losses or damages caused by your failure to maintain the confidentiality or security of your Account credentials or such personal information or January Content.
We have the right to disable any user name, 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.
When you use any January Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE JANUARY SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JANUARY SERVICES IS PROVIDED BY JANUARY ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JANUARY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE JANUARY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JANUARY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE CONTENT OR JANUARY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, JANUARY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. JANUARY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. JANUARY DOES NOT WARRANT THAT THE JANUARY SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JANUARY SERVICES, OR JANUARY OR ITS HOSTING PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO JANUARY PARTY WILL BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, OR ANY OTHER MATERIALS DUE TO YOUR USE OF THE JANUARY SERVICES OR YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE JANUARY SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE JANUARY SERVICES (OR ANY PART OF THE FOREGOING), OR ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JANUARY SERVICES OR ANY PART THEREOF (I) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (II) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (III) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; OR (IV) WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE JANUARY SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE JANUARY SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE JANUARY SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE JANUARY SERVICES, IS AT YOUR SOLE RISK, AND JANUARY HEREBY DISCLAIMS ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES RESULTING FROM SUCH USE.
IN NO EVENT SHALL THE JANUARY PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE JANUARY SERVICES OR YOUR USE THEREOF, OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), AND INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (B) LOST CONTENT OR USER DATA (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA OR CONTENT); (C) PERSONAL OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE JANUARY SERVICES; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (E) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, OR DEFAMATION; (F) FAILURE, DISRUPTION, DELAY, DOWNTIME, UNAVAILABILITY, UNRELIABILITY, NON-PERFORMANCE, INTERRUPTION, OR CESSATION OF TRANSMISSION OF, TO, OR FROM THE JANUARY SERVICES; (G) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE JANUARY SERVICES; (H) INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE JANUARY SERVICES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; (I) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JANUARY SERVICES OR OTHERWISE PROVIDED IN CONNECTION WITH THE JANUARY SERVICES; OR (J) ACT OR OMISSION OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DISRUPT SERVICE; IN EACH CASE, WHETHER CHOATE OR INCHOATE, WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JANUARY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITH REGARD TO ALL OTHER CLAIMS, IN NO EVENT SHALL THE LIABILITY OF THE JANUARY PARTIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT AND DOCUMENTED DAMAGES OR (II) US $1000.
THE LIMITIATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDITION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless January, and its affiliates, subsidiaries, officers, directors, employees, agents, founders, investors, parents, service providers (and their affiliates) and consultants from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the January Services, including, but not limited to any use of January’s or its Service Providers’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the January Services; (iii) any inquiry or allegation by or on behalf of a Debtor regarding harm to the Debtor by you or by a third party on your behalf; (iv) a Debtor, Creditor, consumer or Government Authority inquiry, complaint or allegation in regards to harm to a Debtor, including by way of misuse of personally identifiable information; (v) January Content or Ideas you provide to January; (vi) your violation of any Applicable Laws or the rights of any third party, including any harassment or abuse, false or misleading representations, unfair, deceptive or abusive practices, misuse of consumer reports, failure to ensure the accuracy or integrity of consumer information, or any handling of consumer disputes; (vii) infringement of any third party rights, including the right to privacy, publicity or any intellectual property rights; or (viii) any product or service offered or provided by you or on your behalf or the manner in which you conduct the services rendered to Creditors, Debtors or any third parties. January reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify January and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without January’s prior written consent. January will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
ALTHOUGH OUR SITE MAY BE ACCESSIBLE WORLDWIDE VIA THE INTERNET, THE JANUARY SERVICES ARE CURRENTLY MADE AVAILABLE ONLY FOR USE WHERE LEGAL IN THE UNITED STATES AND HAVE NOT BEEN DESIGNED OR TESTED FOR USE IN OTHER COUNTRIES OR THE U.S. TERRITORIES OR POSSESSIONS. IF YOU CHOOSE TO USE THE JANUARY SERVICES FROM OUR SITE OUTSIDE OF THE CONTINENTAL UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE APPLICABLE LOCAL LAWS OF YOUR COUNTRY.
If we need to contact you regarding your account for any reason, including servicing, billing and/or collecting outstanding balance(s), you consent to receiving telephone calls (including prerecorded messages) and text messages at any telephone number(s) (including cellular numbers) you provide to us or contact us from. You agree that such communications may be generated by automatic dialer systems, automatic telephone dialing systems, and/or pre-recorded voice messages. You agree that such communications may be made to mobile or similar devices even if your mobile telephone provider may charge you for such communication. For the purposes of this Section, “we” and “us” include us, the credit grantor, our affiliates, agents, assigns, representatives and/or service providers. If you do not want to receive pre-recorded calls or SMS messages, you can unsubscribe by emailing [email protected] or calling 866-300-1169 with your request.
To the extent that you receive text messages from January (“January text messages”), this Section 25(b) will apply. By providing January with your mobile number and opting-in, you give January permission to send you January text messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text messages. January text messages may be account-related text messages, like payment reminders and notifications, in conjunction with the services or communications you request from time to time. The number of messages will vary by account. Wireless carriers are not liable for undelivered or delayed messages.
You acknowledge that text messages will be sent to the mobile phone number you provide to January. January does not impose a separate charge for text messages; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of January text messages at any time. To stop receiving delivery service text messages, text STOP to 866-300-1169. Texting STOP to 866-300-1169 will opt you out of all future January delivery service text messages. After you submit a request to unsubscribe, you will receive one final text alert from January confirming that you will no longer receive text messages. No additional text messages will be sent unless you re-activate your enrollment. For questions about text messages, text the word Help to the text messages received from January, email January at [email protected], or call January at 866-300-1169.
The January text message programs are offered on an “as is” basis and: (1) may not be available in all areas or through all wireless carriers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. January may change or discontinue any of its text alert programs without notice or liability to you. January and its related companies and each of their respective officers, directors, employees and consultants are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any January text message program or from technical failures or delays of any kind. January reserves the right to cease delivery of text messages to any person at any time in its sole discretion. The wireless carriers are not liable for any delayed or undelivered text messages.
All information collected in connection with our text alert programs is governed by our Privacy Policy.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
YOU AND JANUARY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.
Either January or you may demand that any dispute between January and you about or involving your use of the Site must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent January from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE JANUARY SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by January without restriction. Any attempted assignment by you will be null and void.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting to the Site will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us at [email protected]. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
These Terms, together with our Privacy Policy, any and all other agreements expressly incorporated by reference, and any and all other policies or legal notices published by January on the January Services and/or emailed to you, in January’s sole discretion, regarding the January Services (“Agreement”), constitute the entire agreement between you and January concerning your use of the January Services. If any provision of this Agreement is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and January’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of January.
To ask questions or provide comments on these Terms and our privacy practices, please contact us at [email protected].
If you have any questions regarding the January Services please contact us at [email protected].
January will update these Terms from time to time. When we do, we will revise the “last updated” date at the top of this page. January reserves the right, at any time, to modify or change the January Services, including any applicable fees, without notice to you. We reserve the right to modify the contents of the January Services at any time, but we have no obligation to update any information on the January Services. You agree that it is your responsibility to monitor changes to the January Services. For changes to these Terms that we deem to be material, we will notify you by placing a prominent notice on the home page of the Site. If at any time you do not agree to these Terms, please do not access or use any of the January Services. Your continued use of the January Services after a posted change to these Terms will constitute your acceptance of and agreement to such changes.
