You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ''credit repair'' company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file.
You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your Agreement with any credit repair organization for any reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information.
The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
By signing below, you are acknowledging receipt of the above statement.
7901 4th St. N Suite 4000 St. Petersburg, FL 33702
Customer and Provider wish to enter into an agreement under which Provider will provide certain credit related services to the Customer.
I hereby retain Provider to perform the credit repair services listed in Section 1 below. I understand and agree that the only services Provider has agreed to provide under this Agreement, and the only services I have agreed to pay for, are the services set forth in Section 1 below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement hereby agree as follows:
SERVICE SUMMARY
Provider hereby agrees to perform the following services for the Customer in return for payment by the Customer of the agreed upon amount for such services, including Administrative Services: This service is fully performed after the Customer’s initial file set-up and all necessary forms have been completed and reviewed; and Dispute Process: This service includes developing the best strategy in Provider’s discretion to investigate the inaccurate items for accuracy and is fully performed after Provider has prepared and mailed a set of verification request letters or submitted the disputes online to the credit bureau(s). This service will be completed after three (3) days and no later than seven (7) days from the date the Customer executes the Agreement. Subsequent dispute cycles will be completed as Provider and the Customer agree upon after the results from the original Dispute Process are reviewed.
The Customer hereby agrees, accepts, and acknowledges that the services contained in this Section 1 are the only services Provider has agreed to provide under this Agreement and that there have been no promises or guarantees of any future services or any other kind of services not specified herein. Further, the Customer agrees, accepts, and acknowledges that these are the only services the Customer is paying for and the only ones the Customer anticipates, believes, or expects Provider to perform under this Agreement. Provider and the Customer hereby agree to the period of time to complete all services set forth in this section shall not exceed 180 days after Round 1 response from all 3 credit bureaus.
Provider has hired professionally trained individuals to assist in certain aspects of the credit repair process. Provider’s employment of these professionals should not be construed by Customer as creating a direct and/or professional relationship between Customer and Provider’s professional employees or contractors by virtue of their employment by Provider. Customer acknowledges and agrees that by entering into this Agreement, Customer will not be eligible to receive legal services from any licensed attorney, realtor, loan officer or any other professional services from any other licensed individuals unless a separate agreement for such services is signed directly between the Customer and the Professional. This clarifies that Provider does not provide legal services, real estate services, loan services, broker services, investment advisor services or personal finance advisor services.
AGREEMENT FOR SERVICES
For the avoidance of any doubt, it is hereby stated that the parties intend and agree that this Agreement shall be treated for all purposes as an agreement for contracted services between the parties, and it does not create an employer and employee relationship. Unless failure to deliver services rendered by Provider, there are no refunds whatsoever due to time, energy and expertise utilized to write, strategize, mail, fax, dispute, manage, organize, and process disputes or negative accounts on behalf of Customer. Service(s) may be cancelled, but not refunded.
FINANCIAL TERMS
All service plans are paid for online via Provider’s website based on Customer’s plan selection unless otherwise agreed that a cleared cashier’s check or online e-check is acceptable prior to rendering services on Customer’s behalf. Customer understands and promises to pay to Provider the total amount indicated in the service plan selected in the member’s area for the full performance of the services set forth in Section 1 above. Provider will begin performance of the services described in Section 1 above only after 5 days have passed from the date the Customer executes this Agreement. Further, Customer acknowledges and confirms by initialing here that Provider has provided to Customer before any contract or agreement between Provider and Customer is executed with the understanding and statement that Customer can, as set forth below, cancel the Agreement within the first 72 hours without any obligation to pay anything hereunder.
The Customer must notify Provider three (5) days in advance of each payment’s due date if a payment is going to be late or needs to be rescheduled. Provider does not charge the Customer if a payment is late, but the Customer’s services described in Section 1 above will be suspended until payment is made. In the event of a returned check or draft, a $35.00 fee will be charged against the Customer's account.
The Customer understands if payment is not made in accordance with this Agreement, the Customer shall be in breach of this Agreement and from the date of the breach, all of Customer’s services described in Section 1 above will be suspended until payment obligations are made in accordance with this Agreement. The Customer understands there are no refunds for services fully performed.
DISCLAIMER OF GUARANTEE OR WARRANTY
Provider agrees only to perform the services specifically described in Section 1 above. Results disclosed in testimonies received by Provider are not necessarily the results of the average Customer. The Customer recognizes that all consumer’s circumstances are different, and that Provider does not represent or warrant that it will achieve specific results for the Customer. Provider does not represent or guarantee that the Customer will receive new credit or loans, credit cards, or mortgages as a result of Provider’s services.
CUSTOMER RIGHTS
The Customer understands that they have the right to dispute inaccurate information in their credit report by contacting the credit bureau directly, but the Customer is retaining Provider to perform the credit repair services listed in Section 1 above. The Customer understands that no credit repair company, including Provider, can have accurate, current, and verifiable information removed from the Customers credit report.
The Customer understands that most negative and derogatory information can be reported on your credit files for seven (7) years. Bankruptcies can be reported on your credit files for ten (10) years. After these periods, the consumer credit reporting agencies will automatically delete the negative and derogatory information and are prevented from reissuing a report containing obsolete information.
The Customer has a right to obtain a copy of their credit report from each of the three (3) credit bureaus: (i) every twelve (12) months from www.annualcreditreport.com or by calling Annual Credit Report at 1-800-322-8228, (ii) without charge on request made to the consumer reporting agency not later than the 60th day after the date on which the agency receives notice the consumer has been denied credit or employment, and (iii) for a minimal charge at any other time.
Provider will assist the Customer in obtaining their credit reports, if necessary, at no additional charge. The Customer understands when the Provider obtains a copy of the Customer’s credit report an inquiry may be placed on the Customer’s credit report. In the event Provider and/or the Customer are denied access to one or more of the Customer’s credit reports, the Customer agrees, accepts, and acknowledges that Provider will use the information in the credit report(s) available and develop the best strategy to investigate the inaccurate items in the credit reports that are not available.
The Customer understands there are nonprofit Consumer Credit Counseling Services (CCCS) available. CCCS provides free, confidential budget counseling, community-wide education programs in money management, debt management programs for consumers who are overextended, and comprehensive housing counseling. You can reach Consumer Credit Counseling Service at 1-800-251-CCCS or 1-800-251-2227.
All notices and other communications hereunder shall be given in writing and shall be deemed to be duly given and effective: (i) upon receipt if delivered by electronic mail or facsimile, (ii) three days after deposit in the United States mail, and (iii) one day after deposit with a national overnight express delivery service. Either party may change the following contact information upon written notice to the other party. Notices shall be delivered or transmitted to:
Financial Recourse 7901 4th St. N Suite 4000 St. Petersburg, FL 33702
Phone: 888-308-6595 Email: contact@financialrecourse.com
The above address is the principal place of business for Provider.
LIMITED POWER OF ATTORNEY: The Customer, the undersigned, agrees by executing this Agreement to grant a limited power of attorney to Provider, and any-and-all persons in their employ, as the Customer’s agent, to have the necessary power and authority to undertake and perform the services set forth in Section 1 above on the Customer’s behalf. The Customer hereby gives permission to Provider to write, prepare, mail/fax factual letters, statements, documents and in rare instances, sign on the Customer’s behalf for the purpose of disputing inaccurate, erroneous and obsolete credit information held on the Customer’s report by the consumer credit reporting agencies. This limited power of attorney is given to Provider in compliance with section 611 of the Federal Fair Credit Reporting Act.
CUSTOMER OBLIGATION:
Customer agrees not to dispute any item on Customer’s credit report(s) that Customer can verify as accurate, unless a lawful justification exists for such a dispute. Customer agrees to act in good faith and will not provide Provider with any false information. Upon signing of this Agreement, Customer agrees to send to Provider all original supporting documentation and communication received from any credit reporting agency or creditor. Customer agrees to reply soonest able to any communication sent by Provider. Customer agrees to not incur any new debts, or have any negative accounts reported to their credit report(s), and will only apply for new credit lines if advised to do so by Provider. Customer agrees they will pay all open/active lines of credit and lending and reporting, this doesn’t include any closed accounts, past debt, collections, charge-offs, late payments, etc. so to not allow for any further negative reporting. Customer agrees they are not entitled to a return of any funds paid to Provider if Customer has not fully complied with all provisions of this Agreement. Customer agrees to provide all requested for supporting documentation and information that may be reasonably requested by Provider, which may include personal information such as, current government issued identification, proof of social security number and proof of residency, etc.
CUSTOMER AUTHORIZATION
The Customer authorizes Provider, its employees, and agents to prepare all necessary correspondence, either written or electronic, relating to Provider’s services and to submit to Provider any additional information required to support those services. THE CUSTOMER AGREES TO FORWARD IMMEDIATELY TO PROVIDER ALL CORRESPONDENCE FROM THE CREDIT BUREAUS, creditors or others relating to services provided by Provider. The Customer understands that all information provided to Provider must be true and accurate to the best of the Customer's knowledge.
In the event that Customer is utilizing Provider’s services as part of the Customer's dealings with a Mortgage Broker, Financial Lender, Auto Dealership/Sales Agent or Real Estate Agent, the Customer authorizes the Mortgage Broker, Financial Lender, Auto Dealership/Sales Agent or Real Estate Agent to disclose the Customer's financial history and credit report(s) to Provider and authorizes Provider to disclose the Customer's financial information and credit report(s) to said agents listed in this paragraph.
If any provision of this Agreement is held to be inapplicable or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect.
The Customer agrees to defend, indemnify, and hold Provider and its members, managers, employees, and agents harmless from and against any and all claims, demands, actions, liabilities, costs, or damages arising out of Provider’s provision of services to the Customer under this Agreement or the Customer's breach of this Agreement, except for claims, demands, actions, liabilities, costs, or damages arising out of Provider’s gross negligence or willful misconduct. The Customer further agrees to pay Provider’s reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement.
This Agreement is deemed to have been made and entered into exclusively in the State of Connecticut. This Agreement and its enforcement shall be governed exclusively by the laws of the State of Connecticut, without regard to its conflict of law provisions. Any legal or equitable action concerning this Agreement shall be initiated only in Fairfield County, Connecticut; and, both parties agree that Fairfield County, Connecticut shall be the sole and exclusive venue for resolving any disputes between the parties to this Agreement.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.
When submitting documents online, the Customer agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act.
CLAIMS & DISPUTES
In the event of any claim or dispute between the Customer and Provider arising from or relating to this Agreement, or the enforceability or scope of this arbitration provision, or of any prior agreement, the Customer and Provider must resolve the claim or dispute by binding arbitration.
IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, NEITHER THE CUSTOMER NOR PROVIDER SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PREHEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE CUSTOMER NOR PROVIDER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS OF PROVIDER WITH RESPECT TO THEIR AGREEMENTS WITH PROVIDER OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This Agreement involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act ("FAA"). The arbitration shall be conducted through, at the option of whoever files the arbitration claim, JAMS or the National Arbitration Forum ("NAF") in accordance with their procedures in effect when the claim is filed. For a copy of their procedures, to file a claim or for other information contact JAMS at www.jamsadr.com, toll free at 1-800-352-5267 or NAF at www.arbforum.com, toll free at 1-800-474-2371. The arbitrator's decision will be final and binding except for any appeal rights under the FAA.
This arbitration provision shall survive termination of this Agreement, as well as voluntary payment in full by the Customer and any legal proceedings by Provider to collect a debt owed by the Customer.
In the event that Customer fails or refuses to pay amounts properly due and owing, Provider may elect to proceed by way of collection action within the courts of proper jurisdiction, without the use of any arbitration. Further, should any court of competent jurisdiction determine that this arbitration clause is not enforceable, then the remainder of the terms and restrictions contained therein shall apply to said litigation. Under such circumstances and in the event of any such litigation, no jury trial shall be allowed to any party. To the extent allowable by law, the exclusive jurisdiction and forum for the resolution of any dispute shall be located within Fairfield County, Connecticut, applying Connecticut law without regard to choice of law principles.
Provider cannot provide legal advice. Provider, its employees, and agents are not attorneys and therefore are not authorized to give legal advice.
WAIVER
No third party neutral, arbitrator, or court may order, permit, or certify a class action, representative action, collective action, or consolidated arbitration in connection with this Agreement. No third party neutral, arbitrator, or court may order or permit a rollup of parties in connection with this Agreement, unless both Provider and other Agreement signatory consent to such rollup in writing. Customer agrees to waive the right to initiate or participate in a class action, collective action, and representative action or consolidated arbitration related to this Agreement.
FALSE DISPARAGEMENT
Customer and Provider agrees to not make any false disparaging comments about each other or its services performed in social media or any other platform or medium. If the complaining party makes false comments or allegations in breach of this Agreement, then, within 14 calendar days of the occurrence of the false disparagement, the party shall pay to the receiving party as liquidated damages, and not as a penalty, an amount equal to the anticipated loss of three new agreements. The amount shall be calculated based on the average new agreement price from the previous two months combined. Customer agrees to review and sign any documents required by Provider to comply with this section.
NO DELIVERY DATE
Customer will not hold Provider accountable to an unobtainable delivery or completely date due to circumstances such as additional requests, changes/implementation or delays caused by Customer response or payment, or delays in response from Credit Bureaus. Reasonable delays may occur unexpectedly, and extended completion dates will not be a violation of this agreement nor terms of termination. Customer may still cancel the service at any time but will not be due for a refund on payments made up to that date.
CONFIDENTIALITY
Customer recognizes and acknowledges that the software systems, including specifications, programs and documentation, the methods, and data which Provider owns, plans, or develops, whether for its own use or for use by its customers, developments, designs, inventions and improvements, trade secrets and works of authorship are confidential and are the property of Provider. Provider recognizes that Customer's personal information, financial information and other private data will be kept confidential and are the property of Customer. Customer further recognizes and acknowledges that to enable Provider to perform services for its Customers, those Customers may furnish to Provider confidential information concerning their business affairs, property, methods of operation or other data; that the goodwill afforded to Provider depends upon, among other things, Customer and its Providers keeping such services and information confidential. All materials and information including that relating to Customer's systems, will be referred to below as "Proprietary Information."
NON-DISCLOSURE Customer agrees that, except as directed by Provider, and in the ordinary course of Provider’s business, Customer will not at any time, whether during or after Provider's employment with Customer, disclose to any person or use, directly or indirectly, for Customer’s own benefit or the benefit of others, any Proprietary Information, or permit any person to examine or make copies of any documents which may contain or is derived from Proprietary Information, whether prepared by Provider or otherwise coming into Customer’s possession or control. Customer agrees that the provisions of this paragraph shall survive the termination of this Agreement.
NON-COMPETITION
Customer agrees that because of the confidential and sensitive nature of the Proprietary Information and because the personal use of, or even the appearance of the personal use of, the Proprietary Information in certain circumstances may cause irreparable damage to Provider and its reputation, or to Customers of Provider, Customer shall not, until the expiration of 2 years after the date on which Customer’s agreement with Provider terminates for any reason, engage, directly or indirectly, or through any corporation or associates in any business, enterprise or employment which directly solicits business, performs services or delivers goods that are competitive to those of Provider to any customer or prospect of Provider.
INJUNCTIVE RELIEF Customer acknowledges that disclosure or personal use of any Proprietary Information by Customer or breach by Customer of any of the covenants will give rise to irreparable injury to Provider, or Customers of Provider. Customer also agrees that this injury to Provider, or Customers of Provider, would be inadequately compensated in money damages alone. Accordingly, Provider or, where appropriate the Customer of Provider, may seek and obtain injunctive relief against the breach, or threatened breach, of the disclosure or personal use of any Proprietary Information by Customer, in addition to any other legal remedies which may be available. Provider further acknowledges that the enforcement of a remedy hereunder by way of injunction would not prevent Customer from earning a reasonable livelihood since Customer’s experience and capabilities would be such that in the event that Customer’s agreement with Provider terminates for any reason, Customer will be able to obtain or render business activities which are not restricted by this Agreement.
GENERAL
This Agreement contains the entire understanding between Customer and Provider relating to the subject matter of confidentiality, work product and non-competition. This Agreement shall be governed by and construed in accordance with the laws of Connecticut and may be modified only in writing signed by Provider and Customer. Provider hereby consents to the exclusive jurisdiction of the courts of the United States sitting in Connecticut. The provisions of this Agreement relating to confidentiality and non-competition shall survive any termination of service no less than two years from the date of termination.
Customer and Provider agrees to hold the other party harmless from all losses, liabilities, damages, cost and expenses (including reasonable attorney's fees), arising from the enforcement of this agreement. This Agreement represents the final and entire agreement between the Customer and Provider and shall supersede all other agreements between the parties regarding the subject matter hereof.
I acknowledge and attest that the information I, the Customer, have provided to Provider is true and correct to the best of my knowledge and belief. Any material misstatements of fact made by the Customer to Provider will, at Provider’s option, relieve Provider of any further obligation to perform under the Agreement.
BY SIGNING BELOW, I HEREBY ENTER INTO AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHER, I ACKNOWLEDGE I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND THE CONTENTS OF THE AGREEMENT PRIOR TO SIGNING BELOW. YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
The Federal Trade Commission and State Laws require the Provider to keep this document with your file for a minimum of two (2) years after the Agreement is executed.