FCFL Terms of Service
BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF FCFL'S SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF And IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
As part of the Service, FCFL will provide you with use of the service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the FCFL website incorporated by reference herein, including but not limited to FCFL's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
The Service is offered in only one edition
Free Edition: This edition allows unlimited access to the entire system to generate as needed credit dispute letters, follow up letters. If available also create alert reminders, with usage of message boards, and support tickets.
Privacy & Security; Disclosure
FCFL's privacy and security policies may be viewed at http://www.freecreditfixletters.com/privacy.html FCFL reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, FCFL occasionally may need to notify all users of the service of important announcements regarding the operation of the service. FCFL does not require users to provide social security numbers. In order to generate any and all available credit repair letters included in the "Auto Generated Letter Library" no payment will be required.
Disclosure of Information: Additional Required Documents To Send The Credit Bureaus When Sending In Credit Dispute Letters
The federal Fair Credit Reporting Act states “A consumer credit reporting company shall require as a condition of disclosure that the consumer furnish proper identification. All three credit bureaus require the following information: full name, including middle and generation (such as JR, SR, II, III), proof of current mailing address, social security number, date of birth, and complete addresses for the past two years (including apartment numbers and zip codes) In addition, one copy of a government issued identification card, such as drivers license, state or military ID card, etc., and one copy of a utility bill, bank or insurance statement, etc. Please make sure that the copies are legible and display your name and current mailing address, and the date of issue (statements dates must be recent). They will not accept the following: credit card statements, voided checks, lease agreements, magazine subscriptions, or postal service forwarding orders. These requirements and or stipulations our encouraged to be followed when performing Do-It-Yourself credit repair utilizing www.freecreditfixletters.com revolutionary new state of the art system as well.
Enrollment & Restrictions
FCFL hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own personal purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by FCFL.
You may not access the Service if you are a direct competitor of FCFL, except with FCFL's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (I) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual. Affiliate usage for referral supplemental income whether by an individual or a business entity are available. To request information on any current “Business Opportunities,” via www.freecreditfixletters.com we ask that you please visit the website for complete details.
You may use the Service only for your personal purposes and shall not: (I) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify FCFL immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to FCFL immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; and (iii) not impersonate another FCFL user or provide false identity information to gain access to or use the Service. FCFL advises and requests all users not to make frivolous claims. All users hold FCFL and BMJ&J Inc. completely harmless from any frivolous claims made on behalf of the user No exceptions.
Account Information and Data
FCFL / BMJ&J Inc does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not FCFL, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Your Data, and FCFL shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Intellectual Property Ownership
FCFL / BMJ&J Inc alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the FCFL Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the FCFL Technology or the Intellectual Property Rights owned by FCFL / BMJ&J Inc, or the FCFL Letter Library. The FCFL name, the FCFL logo, and the product names associated with the Service are registered trademarks of FCFL / BMJ&J Inc. No third party rights have been granted to use them.
Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. FCFL and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. FCFL does not endorse any sites on the Internet that are linked through the Service. FCFL provides these links to you only as a matter of convenience, and in no event shall FCFL or its licensors be responsible for any content, products, or other materials on or available from such sites. FCFL provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
Charges and Payment of Fees
Billing and Renewal
There is no charge for usage of this site!
Termination for Cause
Any breach of your obligations or unauthorized use of the FCFL Technology or Service will be deemed a material breach of this Agreement. FCFL, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, FCFL may terminate a free account at any time in its sole discretion. You agree and acknowledge that FCFL has no obligation to retain the Data, and may delete such Data, if you have materially breached this Agreement.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. FCFL represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online FCFL help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your personal information is correct. Freecreditfixletters.com has been Trademarked in United States Patent and Trademark Office,” and is described as an online retail store services providing down-loadable form letters via online computer network in the field of Do-It-Yourself credit repair.
You shall indemnify and hold FCFL, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (I) a claim alleging that use of the Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you of this Agreement, provided in any such case that FCFL (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release FCFL of all liability and such settlement does not affect FCFL's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
FCFL shall indemnify and hold you harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (I) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by FCFL of its representations or warranties; or (iii) a claim arising from breach of this Agreement by FCFL; provided that you (a) promptly give written notice of the claim to FCFL; (b) give FCFL sole control of the defense and settlement of the claim (provided that FCFL may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to FCFL all available information and assistance; and (d) have not compromised or settled such claim. FCFL shall have no indemnification obligation, and you shall indemnify FCFL pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products or service.
Disclaimer of Warranties
FCFL AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. FCFL AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FCFL AND ITS LICENSORS. UTILIZING THIS SERVICE IS A STRICTLY DO IT YOURSELF PROCESS. FCFL HAS NO WAY TO VALIDATE ANY INPUT INFORMATION. THE ACCURACY AND VALIDITY OF ANY AND ALL CLAIMS ARE THE SOLE RESPONSIBILTY OF THE USER. NO SPECIFIC IMPROVEMENT IS IMPLIED, OFFERED OR GUARANTEED.
FCFL'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FCFL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
FCFL and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited.
FCFL may give notice by means of a general notice on the Service; electronic mail to your e-mail address on record in FCFL's account information, or by written communication sent by first class mail or pre-paid post to your address on record in FCFL's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Modification to Terms
FCFL reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
With respect to Customers located in North America this Agreement shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Tampa, FL. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and FCFL as a result of this agreement or use of the Service. The failure of FCFL to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FCFL in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and FCFL and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
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