The terms and conditions governing your use of Summit Data Solutions services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Summit Data Solutions LLC ("Summit Data Solutions," "we," "us," or "our"), governing your access to and use of our credit reporting services, platform, and related tools available through summitdatasolutions.com and summitdata.us (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms in their entirety.
By creating an account, placing an order, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accessing the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services following any modifications to these Terms constitutes your acceptance of those changes.
Summit Data Solutions is a credit reseller that provides tri-merge credit reports and FICO scores to mortgage lenders, brokers, and loan officers ("Mortgage Professionals"). Our Services include, but are not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to applicable legal requirements.
To access the Services, you must register for an account by providing accurate, current, and complete information. You are responsible for:
You may not share your account credentials with any unauthorized third party. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being misused.
All credit reports and consumer data provided through our Services are governed by the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681 et seq., and any applicable state laws. By using our Services, you represent, warrant, and agree that:
Failure to comply with FCRA requirements or misuse of consumer credit information may result in immediate termination of your account, reporting to the credit bureaus and regulatory authorities, and potential civil and criminal liability.
Pricing for our Services is based on the applicable rate schedule provided to you at the time of account setup or as subsequently updated. By using the Services, you agree to the following payment terms:
In the event of non-payment, we reserve the right to suspend or terminate your access to the Services and to pursue collection of outstanding amounts, including reasonable attorneys' fees and costs.
Summit Data Solutions acts as a reseller of credit data sourced from the three major credit bureaus (Equifax, Experian, and TransUnion). While we strive to deliver accurate and timely information, you acknowledge and agree that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUMMIT DATA SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply even if we have been advised of the possibility of such damages and even if any remedy set forth herein is found to have failed its essential purpose.
You agree to indemnify, defend, and hold harmless Summit Data Solutions LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services.
Either party may terminate these Terms and the associated account under the following conditions:
Upon termination, your right to access and use the Services will cease immediately. You must promptly destroy or return any consumer credit information in your possession that was obtained through the Services, except as required to be retained by applicable law.
Sections relating to permissible purpose, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive termination will remain in full force and effect.
Each party agrees to treat as confidential all non-public information received from the other party in connection with these Terms and the Services. You agree not to disclose any proprietary information about our systems, pricing structures, or technology to any third party without our prior written consent.
This obligation does not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law or regulation.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration or in the state or federal courts located in Colorado, as permitted by applicable law.
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration related to these Terms or the Services.
We reserve the right to update or modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page and, for material changes, provide notice through your account email or a prominent notice on our website.
Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree with the modified Terms, you must stop using the Services and contact us to close your account.
Entire Agreement. These Terms, together with any account agreements and applicable order forms, constitute the entire agreement between you and Summit Data Solutions with respect to the Services, and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
If you have any questions about these Terms or need to contact us regarding your account, please reach out to: