Terms of Use
Welcome to The Yukon Project! Our goal is to give you the knowledge, tools, products, and programs to help you navigate the financial wilderness. We don’t all follow the same path, but we all deserve a great guide.
By using The Yukon Project, you are entering into a legal agreement which is codified below.
These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.
The legal part:
Our Terms of Service
By accessing and using our Services (defined below), you are agreeing to these Terms of Service, our Privacy Statement, any applicable Additional Terms (defined below), and our Community Rules (collectively referred to as the “Agreement”). It is important to read the entire Agreement carefully as some of the provisions affect your legal rights.
1. Our Services
When we refer to our “Services,” we mean all products and services owned and operated by TheYukonProject.com including the content, features, tools, data, software and functions made available through TheYukonProject.com. As of the effective date of these terms, our Services include the following key features:
Access to Financial Product Offers
If you’re looking for a new financial product, you can check out offers from our partners that are targeted to your individual financial situation, along with tools that help you make a more informed decision, like pre-qualification or loan calculators.
Insights and Education
We love crunching numbers and we use our analysis and experience to provide you with all sorts of content and context about the ins and outs of your financial health—from educational articles to reviews of credit products
Third Parties
Products and services may be offered through a third party. Each third party will have its own Terms of Service.
2. Yukon Project Accounts
2.1 General Requirements
The Yukon project currently does not have an account feature. This section is a placeholder for the expected addition of such. The Yukon project is designed for US residents aged 18 and up.
3. Limitations and Restrictions on Use of Our Services
3.1 Analysis and Estimates
We use our extensive experience, research, and study to provide you with estimates and calculations. However, credit and other financial services have numerous intricate details that prevent us from being exact. We use reasonable assumptions in our estimates but they are just that, estimates. These estimates are not provided or endorsed by our partners, credit bureaus, or credit scoring agencies.
3.2 Third Party Offers
With respect to offers from our partners, we do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer. It is always your choice whether to apply for a product or service offered by our partners and we will never submit an application for a product or service to a partner on your behalf without your consent.
3.3 Educational Purposes
All information on our Services is presented for educational purposes only.
3.4 Not a Legal or Professional Advisor
The Yukon Project is not a credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.
3.5 Territorial Restrictions
We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
3.6 Compliance with Law
You must comply with all applicable laws when using our Services.
3.7 Links to or Connections with Third Party Sites or Applications
Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
4. Ownership and Infringement
4.1 Our Content
All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of The Yukon Project and/or its third-party licensors. Our Content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.
4.2 Our Partners’ Intellectual Property
Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our partners (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property.
4.3 Infringement of Rights
You may not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content or Community Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email or regular mail to:
5. Monitoring of Our Services and Disclosure for Administrative and Legal Reasons
The Yukon Project has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Statement) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce this Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our partners.
6. Disclaimers
We offer our services, content, and all content and materials available through our services “AS IS” and “AS AVAILABLE” without any warranty or condition of any kind, either express or implied. The Yukon Project, its affiliates, partners, and licensors disclaims all warranties of any kind, relating to our services or our content.
No advice or information, written or oral, obtained from our services or content will create any warranty regarding The Yukon Project or any service we provide that is not expressly stated within these terms. Use of our services and content is done at your own discretion and risk. You assume all risk for any damage that may result from your use of our service and content. You are solely responsible for any damage to your property (including electronic devices) or the loss of data that may result from the use of our services and content.
You acknowledge that The Yukon Project does not access or provide your credit or financial data. All credit and financial data is accessed and reviewed by Third Parties and is subject to their respective terms of service.
Nothing in this section shall affect warranties which cannot be excluded or restricted under applicable law.
7. Limitation of Liability
The Yukon Project and its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors (collectively, the “Yukon Project parties”) will not be liable to you or any third party for any special, indirect, incidental, consequential or punitive damages (such as loss of profits, loss of goodwill, loss of use, loss of data, business interruption, or other intangible losses) arising out of or relating in any way to our services or our content.
Except as expressly provided in section 9 (Dispute Resolution and Arbitration) or required by applicable law (e.g., any non-waivable rights or remedies), in no event will the total liability of the Yukon Project parties to you for all claims arising out of or relating to the use of, or any inability to use any portion of, our services, or otherwise arising out of or relating to the agreement, whether in contract, tort, or otherwise, exceed in the aggregate one hundred United States dollars ($100.00).
If any of the foregoing limitations are found to be invalid, the Yukon Project parties’ total liability for all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to the greatest extent permitted by applicable law.
8. Indemnification
You will defend (if requested by any Yukon Project Party), indemnify, and hold harmless the Yukon Project Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the Yukon Project Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services or our Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content. You must not settle any such claim or matter without the prior written consent of The Yukon Project. The Yukon Project Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
9 Dispute Resolution and Arbitration
9.1 Generally
In the interest of resolving disputes between you and The Yukon Project in the most expedient and cost-effective manner, you and The Yukon Project agree that any and all disputes arising in connection with the Agreement will be resolved by binding arbitration. You and us further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision; the arbitrator shall apply Texas law to all other matters. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. All issues are for the arbitrator to decide, including all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
You understand and agree that by entering into the agreement and agreeing to arbitration, you and The Yukon Project are each waiving the right to a trial by jury or to participate in a class action. You agree that you have expressly and knowingly waived these rights.
9.2 Exceptions
Despite the provisions of Section 9.1, you and us both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits under Consumer Arbitration Rule 9(b), even after filing an arbitration; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of a pending arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
9.3 Arbitrator
Any arbitration between you and The Yukon Project will be conducted under the Consumer Arbitration Rules (“AAA Rules“) of the American Arbitration Association (“AAA“), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
9.4 Notice and Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice“). The Yukon Project’s address for Notice is: The Yukon Project, LLC, P.O. Box 30963, Oakland, CA 94604, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). You and The Yukon Project agree to use good faith efforts to resolve the claim directly, but if you and The Yukon Project do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Yukon Project must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and you and The Yukon Project agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.
9.5 Fees
If you commence arbitration in accordance with the Agreement, the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Fort Worth, Texas, but if the claim is for $10,000 or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your registered account address. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse The Yukon Project for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Likewise, The Yukon Project will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
9.6 No Class Actions
You and The Yukon Project agree that each must bring claims against the other only in your or its individual capacity and not as a plaintiff or a class member in any purported class or representative proceeding.
Further, unless both you and The Yukon Project agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
9.7 Modifications
If The Yukon Project makes any future change to this arbitration provision (other than a change to The Yukon Project’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to The Yukon Project’s address for Notice, in which case your account with The Yukon Project will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
9.8 Enforceability
If any provision of this Section 10 is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
10 Termination of Agreement; Surviving Terms.
The Agreement is effective until you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
11. Miscellaneous
11.1 Governing Law
The Agreement is governed by the laws of the State of Texas, excluding conflicts of law provisions.
11.2 Entire Agreement
The terms of the Agreement (including the Privacy Statement and any Additional Terms) constitute the entire and exclusive agreement between The Yukon Project and you in connection with your use of our Services or our Content.
11.3 Changes to the Agreement
We may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Statement or any Additional Terms, you are agreeing to the Agreement as modified.
11.4 Waiver Only in Writing
The Yukon Project’s failure to enforce any of its rights or act with respect to a breach by you or others of the Agreement does not constitute a waiver of any rights and will not limit The Yukon Project’s rights with respect to that breach or any subsequent breaches. No waiver by The Yukon Project of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of The Yukon Project.
11.5 Assignment
The Yukon Project may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
11.6 Severability
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.