Terms of Service

1. Who can use the Service

You must be at least 18 years old, live in the United States and be able to enter a binding contract.

You may use the Service only for yourself, about your own credit report and your own bankruptcy case. You may not order a check about another person, even with their permission.

We may refuse service to anyone, at any time, for any lawful reason.

2. What the Service is

DischargeCheck runs one check for each purchase. We obtain your credit report and the public court records of your bankruptcy case, compare them using automated tools, and show you a list of accounts on your credit report that may be reported in a way that does not match your bankruptcy.

The Service is for your personal information only. It gives you a list to read. What you do with that list is up to you.

3. What the Service is not

DischargeCheck is not a credit repair organization. We do not dispute anything for you, send letters, contact credit bureaus, creditors or collectors, or do anything else to change what is on your credit report. We do not promise or suggest that your credit report, credit history or credit score will improve.

DischargeCheck is not a law firm and does not give legal advice. Nothing on the Service is legal, financial or tax advice, and using the Service does not create an attorney and client relationship. If you want advice about your rights, talk to a licensed attorney.

DischargeCheck is not a consumer reporting agency. The results we show you are not a consumer report. You may not use them to decide anyone's eligibility for credit, insurance, employment, housing or any other purpose covered by the Fair Credit Reporting Act.

DischargeCheck is not a court, a bankruptcy trustee or a government agency, and is not affiliated with or endorsed by any of them.

4. Your authorization

When you order a check you give Dischargecheck LLC and its service providers your written instructions, under the Fair Credit Reporting Act, to obtain your credit report and other information about you from one or more consumer reporting agencies, for the purpose of confirming your identity and showing your own credit information to you.

You also authorize us and our service providers to do the following for you.

(a) Confirm your identity, which may include asking you questions drawn from your credit file or sending a code or link to your phone. Message and data rates may apply.

(b) Search for and retrieve the public records of your bankruptcy case from the federal courts, and pay the court's fees for those records on your behalf out of the price you paid.

(c) Process your credit report, your court records and the details you give us with automated tools, including artificial intelligence services run by third-party providers.

This authorization lasts for as long as it takes to finish the check you ordered and to keep your results available to you. You confirm that every detail you give us is true, current and your own.

5. Your account

You are responsible for everything done through your account and for keeping access to your email and phone secure. Tell us right away if you think someone else has used your account.

You agree to give accurate information and to keep it up to date. If the information you give us is wrong or incomplete, the check may fail or give wrong results, and that is your responsibility.

6. Price and payment

Each check costs $99.99, paid once. There is no subscription and no recurring charge. We may change the price at any time for checks that have not been paid for yet.

You authorize us and our payment processor to charge your payment method $99.99, plus any tax that applies, in full at the payment step. The charge is made before we confirm your identity or obtain your credit report and court records, because each of those steps costs us money as soon as it starts.

You are paying for us to run the check, not for a particular result. A check can end without a list of results. That can happen if your identity cannot be confirmed, if a credit report is not available for you, if your bankruptcy case cannot be found, if the records contain nothing we can compare, or if you stop partway through.

If you have a question about a charge or want to ask for a refund, write to support@dischargecheck.com. We review each request and decide it at our discretion.

If you believe a charge is wrong, contact us before you dispute it with your bank or card issuer so that we can try to fix it. We may contest a chargeback that we believe is not valid, and we may suspend your account while a chargeback is open.

7. Your results and their limits

The check depends on information from third parties, including consumer reporting agencies and the courts. That information can be incomplete, out of date or wrong, and we do not verify it.

The check is automated. No person at our company reviews your results before you see them. The check can miss an error that is there, and it can flag an account that is reported correctly.

When we mark an account as an error or a possible error, that is our automated reading of the records. It is not a finding that anyone broke the law, and it is not a statement that a creditor, a collector or a credit bureau did anything wrong. Accounts we do not flag are not confirmed to be correct.

Some debts are not wiped out by bankruptcy, and the rules differ by chapter, by court and by the facts of your case. The check does not know every fact about your case. Do not rely on the results as the only basis for any legal or financial decision.

Your results reflect your records on the day we obtained them. They will not update. We may remove stored results after a period of time.

8. Third-party services

We use other companies to confirm identity, supply credit reports, retrieve court records, read documents, process payments, store data and send messages. We are not responsible for their errors, delays or outages, or for the accuracy of the information they supply.

The Service may link to websites we do not run. We are not responsible for them.

9. Referral partners

You may have come to DischargeCheck through another company or person. We may pay that partner a fee when you sign up or pay for a check. Partners are independent. They are not our agents or employees, they cannot make promises on our behalf, and we are not responsible for what they say or do.

10. Acceptable use

You agree not to do any of the following.

(a) Use the Service for anyone but yourself, or with information that is false or belongs to someone else.

(b) Copy, resell, rent or republish the Service or any part of it, or use it to build a competing product.

(c) Use any robot, scraper or other automated means to access the Service, or try to get around any security or access control.

(d) Reverse engineer the Service or try to learn how its rules or models work, except where the law does not allow us to forbid this.

(e) Interfere with the Service, overload it, or upload anything harmful.

(f) Use the Service in a way that breaks any law or the rights of any person.

11. Messages from us and electronic records

You agree that we may send you emails and text messages about your account and your check, such as sign-in codes, receipts and notices that your results are ready, at the email address and phone number you give us.

You agree to receive these Terms, notices, disclosures and all other records from us in electronic form, and you agree that electronic records and your clicks and other electronic actions have the same legal effect as paper and a handwritten signature.

We may also send you marketing email. You can unsubscribe from marketing email at any time using the link in the message. You cannot opt out of messages needed to run your account or your check.

12. Our rights in the Service

The Service, including its software, text, design, rules and the way results are presented, belongs to Dischargecheck LLC and its licensors and is protected by law. We give you a limited, personal, non-transferable permission to use the Service and to view, save and print your own results for your own personal use. You may share your own results with your attorney or other adviser. All other rights are reserved.

If you send us ideas or feedback, we may use them for any purpose without paying you or owing you anything.

13. Suspension and ending

We may suspend or close your account, or stop a check, at any time if we believe you have broken these Terms, given false information, tried to use the Service about another person, or put us or anyone else at risk, or if a law or a service provider requires it.

You may stop using the Service at any time. To ask us to close your account, write to support@dischargecheck.com. Sections that by their nature should continue will continue after your account closes, including Sections 3, 6, 7, 12 and 14 through 19.

14. No warranties

THE SERVICE AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT RESULTS WILL BE ACCURATE OR COMPLETE, THAT ANY ERROR ON YOUR CREDIT REPORT WILL BE FOUND, OR THAT USING THE SERVICE WILL LEAD TO ANY CHANGE IN YOUR CREDIT REPORT OR CREDIT SCORE OR TO ANY OTHER OUTCOME.

15. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, DISCHARGECHECK LLC, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, LOSS OF CREDIT, DENIAL OF CREDIT OR HARM TO CREDIT STANDING, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT BE MORE THAN THE AMOUNT YOU PAID US FOR THE CHECK THAT THE CLAIM IS ABOUT.

These limits apply to every kind of claim, whether in contract, tort, statute or otherwise, and they apply even if a remedy fails of its essential purpose. Some states do not allow some of these limits, so some of them may not apply to you. In that case they apply to the fullest extent your state allows.

16. Your promise to cover us

You agree to defend, indemnify and hold harmless Dischargecheck LLC and its owners, officers, employees, contractors, service providers and partners from any claim, loss, liability, cost or expense, including reasonable attorneys' fees, arising from your breach of these Terms, from false or incomplete information you gave us, from your use of the Service about another person, or from your misuse of the Service or your results.

17. Disputes, arbitration and class action waiver

Talk to us first. Before starting any formal claim, you agree to write to support@dischargecheck.com with your name, the email on your account, what happened and what you want. We will do the same if we have a claim against you, using your account email. Each side will try in good faith to settle the matter for 60 days after that notice is sent.

Arbitration. If the matter is not settled in that time, you and Dischargecheck LLC agree that any dispute, claim or controversy arising from or related to the Service or these Terms will be decided by binding arbitration before one arbitrator, and not in court. The arbitration will be run by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitrator, and not a court, decides whether a dispute can be arbitrated and whether this Section is valid. The arbitration may be held by phone, by video or on written submissions, or in person in the county where you live.

Exceptions. Either side may bring an individual claim in small claims court if it qualifies. Either side may go to court to stop the misuse of its intellectual property.

NO CLASS ACTIONS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY AS AN INDIVIDUAL, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CASE. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS AND MAY GIVE RELIEF ONLY TO THE INDIVIDUAL WHO BROUGHT THE CLAIM. YOU AND WE EACH GIVE UP THE RIGHT TO A TRIAL BY JURY.

If this class action waiver cannot be enforced for a particular claim or request for relief, that claim or request alone will be heard in court after the arbitration of everything else is finished, and the rest of this Section stays in force.

Your right to opt out. You may opt out of arbitration by emailing support@dischargecheck.com within 30 days after you first accept these Terms, from the email on your account, saying that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Time limit. To the fullest extent the law allows, any claim arising from or related to the Service or these Terms must be started within one year after the claim arose. After that it is permanently barred.

18. Governing law and courts

These Terms are governed by the laws of the State of Delaware, without regard to its rules on conflicts of law, and by federal law where it applies. For any matter that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Delaware, except that a small claims case may be brought where you live.

19. Changes and general terms

Changes to the Service. We may change, pause or stop the Service or any part of it at any time.

Changes to these Terms. We may update these Terms by posting a new version on this page with a new date. The version in force when you pay for a check governs that check. If you keep using the Service after an update, you accept the updated Terms for everything you do from then on.

Whole agreement. These Terms and our Privacy Policy are the whole agreement between you and us about the Service, and replace anything said before. Nothing a referral partner or anyone else tells you changes these Terms.

If part is not enforceable. If a court or arbitrator finds any part of these Terms cannot be enforced, that part will be enforced as far as the law allows and the rest stays in force.

No waiver. If we do not enforce a right, we have not given it up.

Transfer. You may not transfer your rights or duties under these Terms. We may transfer ours, including in a sale or merger.

Events beyond our control. We are not responsible for delay or failure caused by things outside our reasonable control, including outages at the courts, the consumer reporting agencies or our service providers.

Contact. Dischargecheck LLC. Email support@dischargecheck.com.