Credit Forget It, Inc. Credit Repair Counseling Agreement
Credit Forget It, Inc. Credit Repair Counseling Agreement
This agreement sets for the respective rights and responsibilities of Credit Forget It, a New York not for profit corporation (the “Company”), and the individual subscribing for the services set forth below (the “Member”). In consideration of the promises and mutual covenants herein contained the parties hereto agree as follows:
In consideration of the Member’s purchase of a new motor vehicle and the promises and the mutual covenants herein contained, the parties hereto agree as follows:
1. The Company’s Services (the “Services”): The Company shall, within the limits imposed by applicable law, endeavor to assist the Member if the Member seeks credit repair counseling services by providing the following Services in accordance with the terms herein:
A. Establish a report for the Member;
B. Review the Member’s credit report;
C. Dispute any negative credit reports (a “Negative Report”) to the three major consumer reporting agencies (Experian, Equifax and TransUnion);
D. Provide one free consultation during the Term to the Member to discuss credit repair.
E. Any credit repair services that may be provided by CreditForgetIt to the Member will be the subject of a separate agreement or contract separate and apart from this Agreement and such agreement will include provisions as to the rendering of any such services and the cost therefore including timing and amount of payment.
CREDITFORGETIT MAKES NO REPRESENTATION OR WARRANTY THAT ANY CREDIT REPAIR SERVICES IT OFFERS WILL HAVE ANY BENEFIT TO THE MEMBER, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING A WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREDITFORGETIT MAKES NO ASSURANCES THAT ANY NEGATIVE ENTRIES CAN BE REMOVED FROM THE MEMBER’S CREDIT REPORTS. CREDITFORGET IT DOES NOT REPRESENT THAT IT WILL DISPUTE ANY INACCURATE OR NEGATIVE ENTRIES OR ATTEMPT TO REMOVE THEM TO THE EXTENT PERMITTED UNDER ANY RELEVANT LAWS.
A. The initial term of this Agreement shall commence on the fourth (4th) day following the Enrollment Date (the “Effective Date”), and shall continue for a period of three (3) months (the “Initial Term”), subject, to earlier
3. Payment Terms/Taxes/Amount:
A. The cost of membership for the Initial Term shall be free.
4. Duties of the Member:
A. The Member shall provide any and all information reasonably required by the Company to help in reviewing the Member’s credit history and in to enable the Company to provide credit counseling to the Member
B. The Member shall provide written notice of any Negative Report within thirty (30) days of learning of it. The Member shall fully cooperate with the Company and any service providers retained by the Company to assist the Member or to dispute the Negative Report.
C. The Member shall provide the Company with a copy of the Member’s credit report from one of the three major consumer reporting agencies (Experian, Equifax and TransUnion).
D. If the Member shall require legal counsel or professional advisors and assistance to help dispute or remove any Negative Report, CreditForgetIt shall recommend any said advisors to provide assistance to the Member through persons or firms selected by CreditForgetIt in its sole discretion, and the Member shall pay any fees charged (“Professional Fees”) Any such professionals, if required or applicable, will be licensed in the jurisdiction where the Member resides.
7. Termination: If the Member fails to comply with any of the terms and conditions of this Agreement, the Company may terminate the Member’s membership and this Agreement at any time, in CreditForgetIt’s sole discretion by giving written notice thereof to the Member. The Company shall not be responsible for any damages that arise after any termination by CreditForgetIt or the Member under the Agreement.
8. Authorizations and Representations: The Member expressly authorizes CreditForgetIt, its shareholders, directors, officers, agents, representatives and employees to perform the following on behalf of the Member:
A. communicating with third parties about the Member or on the Member’s behalf as necessary or appropriate to provide the Services or to dispute or learn about any Negative Reports,
B. obtaining various public information and reports about the Member in order to perform CreditForgetIt’s Services, including but not limited to social security numbers, address history reports, motor vehicle reports and records, name and alias reports, criminal reports or sex offender reports.
C The Member expressly grants the Company a limited power of attorney to complete and execute on the Member’s behalf, documents required to provide the Services, or to speak to parties required to provide the Services and to act as the Member’s individual representative under 15 U.S.C. § 1681c-1 or any other relevant laws, under which consumers have the right to obtain fraud flags. This Limited Power of Attorney may be revoked by the Member at any time by terminating this Agreement and the Services provided herein.
D. The Member represents and warrants the truth of the following:
(i) the Member has the power and authority to enter into this agreement and to grant the Company the foregoing limited power of attorney;
(ii) the Member is at least 18 years of age, or in the event that the Member has one or more Enrolled Child, the Member is the parent or legal guardian of each Enrolled Child;
(iii) the Member agrees to comply with all applicable laws and regulations;
(iv) the information provided by the Member and the information The Member may provide from time to time while using the Services, will be true, accurate and current, and the Member acknowledges and agrees that it is a violation of federal and state law to knowingly or willfully obtain information from a consumer reporting agency under false pretenses.
(v) THE MEMBER AGREES TO CONTACT THE COMPANY IN THE EVENT THAT ANY INFORMATION THE MEMBER HAS PROVIDED CREDITFORGETIT HAS CHANGED
9. Disclaimers and Limitation of Liability: CreditForgetIt assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to CreditForgetIt’s web site.
A. Except as provided herein, CreditForgetIt, its shareholders, directors, officers, agents, representatives and employees, will not be liable for any special, incidental, indirect, consequential or punitive damages of any kind, nor any damages whatsoever arising out of or in any way connected to the Services, whether in tort or for breach of contract.
B. CreditForgetIt, its shareholders, directors, officers, agents, representatives and employees, will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, acts of terrorism, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of CreditForgetIt.
C. CreditForgetIt, and its shareholders, directors, officers, agents, representatives and employees, do not and shall not guarantee the protection of the personal identifying information and identity protection of the Member.
D. The Services are provided “as is” and without any warranties of any kind. CreditForgetIt hereby disclaims any and all warranties, express or implied, including but not limited any warranties of merchantability, fitness for a
E. CreditForgetIt, its shareholders, directors, officers, agents, representatives and employees, make no warranties that any of the major reporting agencies will provide accurate information, will use any information provided by the Company about the Member in accordance with the Company’s instructions, or will employ security and confidentiality measures to protect any information relating to the Member.
F. CREDITFORGETIT IS NEITHER AN INSURANCE COMPANY NOR AN AGENT FOR ANY INSURANCE COMPANY AND DOES NOT SELL, SOLICIT OR NEGOTIATE THE PURCHASE OR SALE OF ANY INSURANCE POLICIES.
10. Governing Law: This Agreement and any Services provided hereunder will be governed by the laws of the State of New York, without regard to any New York laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to paragraph 11 (which provides for arbitration of claims between the parties to the maximum extent possible). The Member irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal or state courts in the State of New York for any dispute or litigation arising out of, or relating to, the use or purchase of any Services from CreditForgetIt, and waives any objection to the venue of any such litigation in New York courts and agrees not to claim that such litigation brought therein has been brought in an inconvenient forum.
11. Dispute Resolution: The parties agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Services shall be settled by confidential arbitration , in accordance with the American Arbitration Association’s ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any state or federal court. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, the Member also agree that the Member will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
12. Indemnification: The Member agrees to indemnify, defend and hold harmless CreditForgetIt, its affiliates, successors and assigns, and their respective shareholders, directors, officers, agents, representatives, employees, information providers, licensors, licensees and suppliers, from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim or action arising out of any breach by the Member of the terms and conditions of this Agreement, the Services to be provided in accordance with the terms of this Agreement or the Member’s violation of applicable laws, rules or regulations. In the event that the Member is the subject of claims for which the Member properly seeks damages from CreditforgetIt under the terms and conditions of this Agreement, CreditforgetIt reserves the right at CreditForgetIt’s expense to assume the exclusive defense and control of any such claim, and the Member will not in any event settle any such claim without CreditForgetIt’s written consent. In the event that CreditforgetIt is subject to any claim for which CreditforgetIt has the right to be indemnified by the Member, CreditforgetIt will have the right at the Member’s expense to assume the exclusive defense and control of any such claim, and the Member will not in any event settle any such claim without CreditForgetIt’s written consent.
13. Trademarks, Copyrights and Restrictions: CreditForgetIt and the CreditForgetIt logo are and any trademarks bearing the CreditForgetIt name and logo are owned exclusively by the Company (the “Trademarks”). Any and all promotional or other written materials bearing the CreditForgetIt name and the CreditForgetIt logo are copyrighted by CreditForgetIt unless otherwise specified and are exclusively owned or licensed by CreditForgetIt (the “Copyrights”). All other product names and company logos found on promotional materials are the trademarks of their respective owners. The Member may use CreditForgetIt’s Services and CreditForgetIt’s materials only for the Member’s own, personal, non-commercial purpose solely in accordance with the terms of this Agreement. The Member may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any CreditForgetIt information without the express, written consent of CreditForgetIt, Inc. Any unauthorized use of the Trademarks or Copyrighted Materials is strictly prohibited. The Member may not display or use the Trademarks or Copyrighted Materials for any purpose without the written permission of CreditForgetIt.
14. Affinity Group Services: CreditForgetIt may become aware of or participate in the creation of discounts and other benefits available to the Member as a participant in CreditForgetIt’s Services. The Member authorizes the Company to inform the Member of these discounts and other benefits via email or at the Member’s address as provided herein. The Member has the right at any time withdraw the Member’s authorization for us CreditForgetIt to send further notices to the Member of these discounts and benefits.
A. This Agreement may not be altered, supplemented, or amended by the Member by the use of any other documents). Any attempt to alter, supplement or amend this Agreement or to enter an order for the Services which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by the Member and CreditForgetIt.
B. The section headings used herein are for convenience of reference only and do not form a part of this Agreement, and no construction or inference will be derived there from.
C. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.
D. This Agreement, including all documents referred to herein, represents the entire understanding between the Member and CreditForgetIt, and supersedes any prior statements or representations, and the Member and the Company agree to be bound by the terms and conditions herein.
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|Last updated: 06-14-2011|
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