This agreement (the "Agreement") is entered into between CreditRepair1on1 a Florida corporation with a principal place of business at 2053 NW 79 Avenue, Miami, Florida, 33122, and the party (hereinafter referred to as "You") utilizing the Internet web site created and supported by CreditRepair1on1 (the "Site").
Please read this Agreement carefully before accessing or using the Site. By accessing or using the Service, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site must leave the Site immediately. If you utilize the Site in a manner inconsistent with these terms and conditions, CreditRepair1on1 may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper.
CreditRepair1on1 provides the information on this Site as a service to the general public. While the information on this site deals with legal issues, it does not constitute legal advice. If you have specific questions related to information available on this Site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.
CreditRepair1on1 may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use.
You accept that the Site is provided on an "as is, as available" basis. CreditRepair1on1 reserves the right to make changes to the Site, including the availability of any feature, database, content, web page materials, product information and prices on the Site at any time without notice or liability. CreditRepair1on1 may also restrict access to You to parts or the entire Site without notice or liability. CreditRepair1on1 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL ARTICLES, MATERIAL AND INFORMATION DISPLAYED BY CreditRepair1on1 ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT, NOR INTENDED TO BE, CONSIDERED LEGAL ADVICE OR A SUBSTITUTE FOR SPECIFIC ADVICE.
This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright, and are owned or controlled by CreditRepair1on1 or the party credited as the provider of the materials. Copying, modifying, distributing, republishing or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from CreditRepair1on1 or the copyright holder identified in the individual content's copyright notice.
You represent, warrant and covenant that you are at least eighteen (18) years old, and that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) Restrict or inhibit any other user from using and enjoying the Site; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) Contain a virus or other harmful component; (vi) Contain any information, software or other material of a commercial nature; (vii) Contain advertising of any kind; or (viii) Constitute or contain false or misleading indications of origin or statements of fact.
In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: (i) Unless you are participating in an area of the Site that requires or encourages anonymity, You agree to use your real name in online communications. (ii) You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission. (iii) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You acknowledge that transmissions to and from the Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, or for any breach of security associated with the transmission of sensitive information through the Site or any linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CreditRepair1on1 SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CreditRepair1on1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT CreditRepair1on1 AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and CreditRepair1on1 by Your use of the Site other than as strictly defined pursuant to the Agreement and any subsequent written agreement (such as a Retainer Agreement) entered into with CreditRepair1on1.
You hereby agree to indemnify, defend and hold harmless CreditRepair1on1, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of CreditRepair1on1 and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement contains the entire understanding between You and CreditRepair1on1 with respect to the Site and no representation, statement, inducement, be it oral or written, not contained herein shall bind either party.
Should any part of the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Agreement had been eliminated.
This Agreement may be terminated by either party without notice at any time for any reason; provided that You may no longer use the Site after You have terminated this Agreement.
You assume total responsibility and risk for your use of the Site and the Internet. CreditRepair1on1 does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site and CreditRepair1on1 shall not be liable for any cost or damage arising either directly or indirectly from Your use of the Site.
The Site, any information provided from it and the Terms of Use are given and made in the state of Florida, United States of America. THESE TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA applicable to agreements made and to be performed in Florida, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. You agree that any and all legal action or proceedings between CreditRepair1on1 and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Duval County in the State of Florida.
DISCLOSURES REQUIRED PURSUANT TO FEDERAL LAW:
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 contract 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.
