Terms and Conditions

Terms and Conditions of First Credit Services, Inc. (“FCS”, “We”, “Us”, or “Our”)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF ANY WEBSITE ON WHICH THESE TERMS ARE POSTED, INCLUDING BUT NOT LIMITED TO firscreditonline.com (COLLECTIVELY, THE “WEBSITE”).. THESE TERMS APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCESS ANY PART OF THE WEBSITE OR USE ANY OF THE FUNCTIONALITY PROVIDED THROUGH THE WEBSITE. BY ACCEPTING THESE TERMS OR ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS IN EFFECT AT THE TIME OF YOUR ACCESS AND/OR USE AND AGREE THAT YOU ARE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE.

Minimum Age

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). This Website is not intended for users under 18 years of age, and you may not use this Website if you are under 18 years of age.

Changes to Terms

These Terms and Conditions may be changed at any time. Any new or altered Terms and Conditions will be published on the Website along with a date the Terms were last updated. Use of the Website after the posting of modified terms constitutes acceptance of the modified terms.

Without limiting the generality of anything else, FCS makes no guarantee and disclaims any duty to update this Website or any information accessed through this Website, and it is not liable for any errors or omissions therein. FCS retains the right, with or without prior notice, to amend or eliminate any information from this Website.

Informational Purposes Only

The content on this Website is provided solely for informational purposes, and FCS makes no claims as to its accuracy, completeness, or timeliness. Any information, services, or materials provided by or via this Website should not be interpreted as, and should not be relied upon as, financial, investment, legal, tax, or accounting advice.

Text Messaging

By accessing or using the Website, you expressly consent to be contacted by us, our affiliates, and agents for any purpose arising out of or relating to your access to or use of the Site, your account(s), or your debt by email, SMS messages (including text messages), and calls and messages delivered using an automatic telephone dialing system, an automatic texting system, or pre-recorded message.

This includes express consent to:

  1. send text messages to communicate account statuses, account updates, account balances due or past due, reminders, and alerts if not required by law that we deliver such notices to you by some other communication method.
  2. communicate electronically with you through:
      • your online services or we may post the notice on our Website;
      • email to an email address either your creditor or you have given us for contacting you;
      • SMS or MMS message to a mobile telephone number either your creditor or you have given us for contacting you;
      • push notification from our app that the information is available for retrieval by you; or
      • any other means we agree with you or notify you that we will use to communicate with you.
  3. record that you received an electronic notice on the day that we send our notification to your email address.

Message and data rates may apply for messages sent to you or that you may receive from us. Message frequency may vary based on account activity. For help reply HELP to any message you receive from us or contact us at 1-800-606-7066 or consumers@fcsbpo.com. You may unsubscribe from receiving text communications at any time by replying STOP to any message you receive from us. If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages. Wireless carriers and our service providers are not liable for undelivered or delayed messages.

Copyright and Other Proprietary Information

First Credit Services Inc. and its licensors own and reserve all rights to the Website’s text, graphics, design, artwork, images, audio, photos, videos, information, software, interfaces, information, arrangement, and selection. All rights reserved. FCS and its licensors also own a copyright or trademark in all logo designs or logos identifying FCS and its products and services or otherwise appearing on the Website. On the Website as a collective work and/or compilation. You are strictly prohibited from using them without FCS’s express written permission.

Every name, trademark, service mark, graphic, slogan, and logo used on the Website are the property of FCS or its licensors. Without FCS’s prior written consent, it is expressly forbidden to use or otherwise misappropriate these trademarks, which is also against the law both under federal and state trademark laws. Without FCS’s prior written consent, you are not allowed to use any names, trademarks, service marks, symbols, slogans, or logos that appear on the Website in connection with any goods or services that are not FCS’s, in any way that could confuse customers about the company’s sponsorship or source, or in any way that disparages, tarnishes, dilutes, or otherwise negatively impacts FCS.

License to Access and/or Use Website

FCS grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website and its materials and information solely for your personal and informational use. The only permitted use of items downloaded and printed from this Website is for personal, informational use FCS’s license to you is conditioned on your compliance with these terms. Without the express prior written permission of FCS, it is strictly forbidden to make any other copies, distribute them, modify them, or create derivative works based on them, or to frame, capture, harvest, or collect any of the materials on this Website, whether in electronic or hard copy form. Any copyright notices or other property notices on the materials of the Website must not be removed or altered.

FCS welcomes your feedback and suggestions about how to improve our products, information, services, and this Website. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to FCS, you automatically grant FCS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Furthermore, FCS is free to use any concepts, ideas, approaches, know-how, procedures, and processes contained in any communications you send to this Website for any reason, including without limitation creating and marketing products, information, or services premised on such information.

Restrictions On Access And/Or Use

In accessing or using the Website, you agree that you will not:

  • Reproduce, re-distribute, sell, publish, broadcast, or circulate any materials or information contained on the Website to anyone, even if they are in the same company or organization as you;
  • Post materials or information from the Website to news groups, mail lists, or bulletin boards;
  • Modify, edit, alter, or enhance any of the materials or information from the Website in any manner;
  • Submit fraudulent, misleading, or otherwise falsified information;
  • Purposely manipulate, change, or otherwise interfere with the functioning of the Website or any of its subparts and/or correlating security measures;
  • Access or use the Website in a manner that in FCS’s sole discretion could damage, disable, overburden, or impair the Website, or interfere with any other party’s access to and/or use of the Website;
  • Attempt to gain unauthorized access to the Website, or any part of it, or computer systems or networks connected to the Website, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  • Exploit the Website for any commercial gain;
  • Upload, download, post, submit, or otherwise distribute or facilitate the distribution of any content on or through the Website that is unlawful, fraudulent, deceptive, false, misleading, untruthful, or inaccurate;
  • Obtain or attempt to obtain any materials or information not intentionally made available through the Website;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we use to prevent or restrict access to the Website;
  • Utilize framing techniques to enclose any trademark, logo, or other FCS materials or information without our express written consent;
  • Use any meta tags or any other “hidden text” utilizing FCS’s name or trademarks without our express written consent.

If FCS, in its sole discretion, believes that you have engaged in any activities restricted by these Terms or by law, your license to access and/or use the Website terminates automatically without notice to you. In addition, we may take other various actions to protect FCS, other users, and other third parties, including:

  • Suspending your access to or use of the Website;
  • Updating inaccurate information you provided us;
  • Refusing to allow you to use the Website in the future;
  • Taking legal action against you; and
  • Holding you liable for FCS’s damages caused by your violation of these Terms or applicable law.

You agree to destroy any printed or downloaded materials or information you obtained from the Website immediately upon termination of your license to access and/or use the Website.

You agree that we, in our sole discretion, may suspend or terminate your access to or use of the Website and to remove and discard any content within the Website, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. In our sole discretion, we may also refer suspected fraudulent, abusive, or illegal activity on the Website to appropriate law enforcement authorities. You agree that we may terminate your access to or use of the Website under any provision of these Terms without prior notice.

Disclaimers of Warranty

This Website, the materials on and in and made available through this Website, and the services, information, and products offered by FCS in connection therewith are made available “as is” and “with all faults.” Use of this Website is entirely at your own risk.

FCS makes no representations or warranties and disclaims all representations and warranties, with respect to this Website, the Website materials on and in and made available through this Website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, WITHOUT LIMITATION, the implied warranties of merchantability, fitness for a particular purpose, accuracy, COMPLETENESS, non-interference, quality, title, and non-infringement. The entire risk as to the satisfactory quality, performance, accuracy, and effort with regard to any and all materials on and in and made available through this Website is with you.

Limitation of Liability

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, FCS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF FCS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FCS’S LIABILITY IS CAPPED AS MUCH AS THE LAW WILL ALLOW.

Indemnification

To the extent allowable by law, you agree to defend indemnify, and hold harmless FCS and all of its respective owners, directors, officers, employees, representatives, proprietors, partners, shareholders, contractors, consultants, principles, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from (a) your access to, use of, or alleged use of the Website; (b) your violation of these Terms, any representation, warranty or agreements referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right; of (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate as fully as reasonably required with our defense of such claim. FCS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Use of the Internet and Third-Party Materials

Without limiting the scope of the aforementioned, FCS has no control over any other Websites that may be listed or linked on this Website. Consequently, FCS cannot represent to you the information included on these Websites, nor can the fact that FCS has provided you with this directory be interpreted as FCS endorsing any particular Website. FCS is providing links to these sites as a convenience to you. FCS cannot guarantee the quality, safety, or compatibility of any software found on these sites because it has not evaluated any of the potential software that could be accessible there. Any software you find online has inherent risks that you should be aware of before downloading it. FCS advises you to do this before installing any software from the internet. Any information, data, goods, services, or software provided by a third party or at any other Website is not the responsibility of FCS. FCS does not control, endorse, promote, or have any affiliation with any other Website unless expressly stated herein.

Governing Law and Jurisdiction

These Terms and Conditions, including, without limitation, the Privacy Policy represent the entire agreement between you and FCS with respect your access to and use of the Website, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.

General

By accessing, viewing, or using the works, content, or materials on this Website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Middlesex County, New Jersey and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Website is controlled and operated by FCS from its offices within the United States. Without limiting anything else, FCS makes no representation that the works, content, materials, services, information, or products available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The decision to visit this Website from locations other than the United States is made at your own risk, and you are in charge of adhering to all local regulations. Any right granted hereunder that FCS waives or fails to exercise in any respect is not deemed waived in the future or a waiver of any other rights outlined in these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Notice, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Notice). In addition to any other legal or equitable remedies, FCS maintains the right to suspend or terminate your use of this Website if you breach these Terms and Conditions or for any other reason at all, with or without notice.

Links To Other Sites

The Website may from time to time include links to other websites that are not under FCS control. We provide these links for your information and convenience only and do not endorse the content of such linked websites or third parties. FCS expressly disclaims any responsibility for the content or availability of any linked site or any link contained in a linked site. We may terminate any link or linking program at any time. When you access any of the third-party sites linked to this site, you do so at your own risk.

Assignment and Survival

You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms or any of our rights or obligations under these Terms at any time without notice. Our failure to require performance of any provision of these Terms does not affect our right to require performance at any time thereafter, nor may you consider our waiver of a breach or default of these Terms a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and does not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

The following sections of these Terms survive termination of your access to and use of the Website: Copyright and Other Proprietary Information, Disclaimer, Limitation of Liability, Indemnity, Governing Law and Jurisdiction, General, and Assignment and Survival, and any other provision that by its terms survives termination of your access to and use of the Website.

Contacting the Website

If you have any questions about this privacy statement, the practices of this site, or your dealings with this site, you can contact us as follows:

First Credit Services, Inc.
9 Wills Way
Piscataway, NJ 08854
Compliance@fcsbpo.com

To view our Privacy Policy, please click here:  Privacy Policy.