Legal Agreement for Repair Service with NCCR
To
use our service you must agree to the following:
1.
I understand
that NC Credit Repair will give me their personal advice on
how to raise and improve my credit score only. All advice
is to this ends only. All strategies presented are for this
ends only.
2.
I understand
that the advice given is based on a snapshot of my current
situation and the current laws regulating credit bureaus,
collection companies, credit companies, and credit repair
companies. I follow the advice of my own accord and if I do
not understand the advice given I will check with the proper
legal or financial counselor before acting. I waive my
right to take any legal action against NC Credit
Repair or any of it's owners, employees, or affiliates for
following the given advice. |
Terms of Use for NCCR Website
This NC Credit Repair Internet Web Site Terms and Conditions of Use Agreement
(the “Terms of Use”) is between the party clicking “accept” below and/or using
The Site (“you”) and NC Credit Repair (“we” or “us”), with a principal place of
business in Raleigh, NC. You should
carefully read the Terms of Use before using The Site. By using The Site you are
bound by the terms and conditions of use set forth in the Terms of Use. This is
a legally binding agreement. If you do not agree with the Terms of Use, you
should not use The Site and must leave The Site.
1. We agree to provide you access to The
Site in accordance with the Terms of Use.
2. You agree to use The Site in a manner
consistent with the Terms of Use and all applicable rules
and regulations. You acknowledge that you have read the
Terms of Use and that you accept the terms thereof. You
agree to read these Terms of Use carefully before using The
Site. If you do not agree to the Terms of Use, you may not
access or otherwise use The Site.
3. You accept that The Site is provided
on an “as is, as available” basis.
4. The materials included in The Site are
for general information purposes only and do not constitute
legal advice. They are not intended to be a substitute for
obtaining legal advice from our legal counsel. ALL ARTICLES
AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION
ONLY, ARE NOT A SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN
NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED
PROFESSIONAL ADVICE OR SUBSTITUTE THEREFORE. NC Credit
Repair does not represent or endorse the accuracy or the
reliability of any advice, opinion, statement, or other
information displayed or distributed through The Site. You
acknowledge that any reliance upon any such materials,
opinion, advice, statement, memorandum, or information shall
be at your sole risk. NC Credit Repair reserves the right in
its discretion, to correct any errors or omission in any
portion of The Site.
5. YOUR ACCESS TO AND USE OF THE
SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO
REASON BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
7. The Site is protected by copyright as
a collective work and/or compilation, pursuant to U.S.
copyright laws, international conventions and other
copyright laws. You are authorized to download one copy of
the material displayed or performed on the Site on one
computer for your personal non-commercial use only, but you
may not in so doing remove or amend any trademark, copyright
or other proprietary notice. All materials contained on The
Site are protected by copyright, and are owned or controlled
by NC Credit Repair or any party credited as the provider of
the Content. You will abide by any and all additional
copyright notices, information, or restrictions contained in
any Contents on The Site. Permission is given to view the
material on these web pages and save that material only for
your personal reference. Copying or storing of any content
for other than personal, noncommercial use is expressly
prohibited without the prior written permission from NC
Credit Repair or the copyright holder identified in the
individual Content’s copyright notice.
8. Subject to the above, you may not
modify, copy, distribute, republish or upload any of the
material on The Site in any way unless you obtain the prior
written consent of NC Credit Repair. No intellectual
property or other rights shall be transferred to you through
your use of The Site. We are not able to confirm that the
materials contained on these web pages are correct in every
case. NC Credit Repair 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 of
liability. NC Credit Repair may also impose limits on
certain features and services or restrict your access to
parts or all of The Site without notice or liability.
9. You represent, warrant and covenant that: (a) you shall
not upload, post or transmit to or 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 which 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, 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) conduct advertising of any kind, or (vii)
constitute or contain false or misleading indications of
origin or statements of fact; and (b) that you are at least
eighteen (18) years old.
11. You hereby represent and warrant that
you have all necessary rights in and to all Postings you
provide and all material they contain and that such Postings
shall not infringe on any proprietary or other rights of
third parties. By posting messages, uploading files,
inputting data or engaging in any other means of
communication (individually or collectively
“Communications”) to The Site, you hereby grant to NC Credit
Repair, subject to our privacy policy, a perpetual,
worldwide, irrevocable, unrestricted, exclusive, royalty
free license to use, copy, license, sublicense , adapt,
distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit such Communications, in
all media known or hereafter developed. You hereby waive all
rights to any claim against NC Credit Repair from any
alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights and rights of
attribution in connection with such Communications.
12. You acknowledged that transmissions
to and from The Site are not confidential and your
Communications may be read or intercepted by others. Any
unprotected e-mail communications 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
designated at your request. Violators of this section who
use our services for any illegal purpose including but not
limited to repeated unwanted e-mails or “Spam”, may be
prosecuted to the full extent of the law.” You acknowledge
that by submitting Communications to NC Credit Repair, no
confidential, fiduciary, contractually implied or other
relationship is created between you and NC Credit Repair
other than pursuant to these Terms of Use and any subsequent
written agreement entered into with NC Credit Repair.
13. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE SITE IS PROVIDED “AS IS, AS AVAILABLE” TO THE
FULLEST EXTENT PERMISSIBLE BY LAW. NC Credit Repair AND ITS
SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE
SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LICENSE TO
THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE
OR ANY LINKED SITE. FURTHER, NC Credit Repair AND ITS
SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NC
Credit Repair DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED, 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. NC
Credit Repair AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT
BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, THE CONTENT AND ANY ERROR CONTAINED THEREIN.
FURTHER, IN NO EVENT WILL NC Credit Repair BE LIABLE FOR ANY
LOSS OF PROFITS, BUSINESS, USE OF DATE OR FOR INDIRECT,
SPECIAL, INCIDENTAL NEGLIGENCE OR OTHER TORT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAWS. WE, ON BEHALF OF OUR
EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS DISCLAIM AND
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER
NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, LOSS OF USE, LOSS OF PROPERTY, CLAIMS OF THIRD
PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF
LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS,
THE SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, YOU ASSUME
TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA
BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
14. You hereby agree to indemnify, defend
and hold NC Credit Repair, and all its officers, directors,
owners, agents, employees, information producers,
affiliates, licensors and licensees (collectively, the
“Indemnified Parties”) harmless from and against any and all
liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you
of these Terms of Use or the foregoing representations,
warranties and covenants, including, without limitation,
attorneys’ fees and costs. You shall cooperate as fully as
reasonably required in the defense of any claim. NC Credit
Repair reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any
event settle any matter without the written consent of NC
Credit Repair.
15. Where we provide hypertext links from
or to third party sites, we do so for convenience and
information purposes only. We do not review, endorse,
approve or control, and are not responsible for any sites
linked from or to the Website, the content of these sites,
the third parties named therein, their products, resources
or services. Linking to any other site is at your sole risk
and we will not be responsible or liable for any damages in
connection with linking, and we accept no liability nor make
endorsement or approval of the same.
16. These Terms of Use contain the entire
understanding between us with respect to The Site and
representation, statement, inducement oral or written, not
contained herein shall not bind either of them. NC Credit
Repair reserves the right, at its sole discretion, to
change, modify, add or remove any portion of these Terms of
Use, in whole or in part, at any time. Notification of
changes in these Terms of Use will be posted on The Site.
17. Should any part of the Terms of Use
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 Terms
of Use had been eliminated.
18. The Site, any information provided
from it and the Terms of Use are given and made in the State
of Maryland, United States of America. THIS TERMS OF USE
AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF MARYLAND WITH REGARD TO CONFLICTS
OF LAWS, PROVISIONS, SOLE AND EXCLUSIVE JURISDICTION AND ANY
ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS
OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL
COURT LOCATED IN HARFORD COUNTY IN THE STATE OF MARYLAND.
19. Pursuant to Federal Law, we are
providing the following separate written statement for your
review and to acknowledge receipt thereof, which, pursuant
to the requirements of Federal law, will also be delivered
with any contract for credit repair services entered into
with NC Credit Repair.
20. Disclosure Statement Required
Pursuant to Federal Law.
Consumer Credit File Rights Under State
and 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. Bankrupt information can be reported
for 10 years. |