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Veracity Terms and Conditions of UseNOW, 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: 1. Term and Termination. (a) Month to Month Term of Agreement. The term of this Agreement shall be monthly (month to month) and shall commence on the Effective Date as set forth above and shall continue for a period of successive months thereafter (the "Term") unless earlier terminated pursuant to Sections 1(b) or 1(c) below. (b) Termination by the Client. The Client may terminate this Agreement before the end of the Term at any time, for any reason or no reason, by providing written notice of termination to VCC, within three days prior to the expiration of any month. Failure to timely provide such notice of termination shall be effective to terminate this agreement as of the end of the following month. (c) Termination by VCC Upon Default. The Client will be in default under this Agreement if he or she does not pay any sum when due or breaches any other provision of this Agreement. VCC has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement. (d) Termination Date. In the case of an early termination of this Agreement pursuant to this Section 1, the Agreement will be terminated, in the case of a termination of the Agreement by the Client under Section 1(b), as of the date VCC receives the notice of termination, and in the case of a termination by VCC pursuant to Section 1(c), as of the date VCC elects to terminate this Agreement (each, a "Termination Date"). Fees for services performed before the Termination Date will be determined and billed in accordance with Section 3 below. 2. Services. (a) Initial Set-Up. Upon receipt of this payment, VCC will perform the following set-up and related services (the "Initial Set-Up"): (i) set-up of the Client's profile, and (ii) the opening of the membership file. PLEASE NOTE: VCC does not provide credit reports. You are responsible for obtaining your credit reports. VCC's work is to assist you in evaluating your credit report and assisting in obtaining corrections or other actions to assist you in having your report be as accurate and, therefore, beneficial to you as possible. (b) Monthly Services. Each month, VCC will provide the following services to the Client: (i) reminders about materials or information that the Client needs to provide to VCC, (ii) access to trained VCC credit consultants, (iii) review and analysis of correspondence from credit bureaus, creditors and others, including any credit report that is forwarded by the Client to VCC or received by VCC directly from such sources no later than three (3) days before the end of the current Billing Period (as defined below), and (iv) filing with the appropriate credit bureaus requests for verification or clarification of all disputed items properly submitted by the Client to VCC no later than three (3) days before the end of the Start Date or previous Billing Period. 3. Fees and Billing. (a) Membership Fee. A $69.95 membership fee (the "Membership Fee") is due and payable on the Effective Date. Thereafter, the following occurs: (i) VCC receives this Agreement and any additional requested documents, properly completed and executed by the Client, (ii) the Initial Set-Up services have been performed by VCC, and (iii) the three-day and five-day rescission periods described on the signature page hereof and in the Notice of Cancellation Form attached hereto as Exhibit A have expired. PLEASE NOTE: In the event that you elect to rescind this Agreement within the specified period, your Membership Fee shall also be promptly refunded to you. (b) Monthly Service Fee. Starting on the day the Membership fee becomes due and payable (the "Effective Date"), the Client will begin incurring a monthly fee of $45 (the "Monthly Fee"). The "Billing Period" for the first month of service will start with and include the Start Date and end on and include the 30th day following the Start Date. Subsequent Billing Periods will continue in such 30-day increments, until this Agreement is earlier terminated under Section 1, in which case the Billing Period for that month will end on Termination Date and the Monthly Service Fee for such month shall be $45. (c) Billing and Payment, or to Terminate This Agreement Effective as of the End of Any Month. The Client will be billed for the Membership Fee on the day it becomes due and payable and will be billed for each Monthly Fee on the first day after the end of the relevant Billing Period (each, a "Billing Date"). The relevant fees will automatically be charged to the Client on the Billing Date according to the method of payment selected by the Client. VCC requires at least three (3) business days notice prior to the Client's Billing Date in order to change the Client's billing information or method of payment. VCC will assess a $10.00 fee on all returned checks. Invoices confirming that the fees have been charged to the Client shall be emailed to the Client on the Billing Date unless otherwise requested in writing by the Client. 4. Client Responsibilities. The Client agrees to provide VCC with any and all information, in a timely manner, needed to facilitate the services to be provided to the Client. The Client authorizes VCC, its employees and agents to prepare all necessary correspondence, either written or electronic, relating to VCC's services and to submit to VCC any additional information legally required to support those services. The Client agrees to forward immediately to VCC all correspondence from the credit bureaus, creditors or others relating to services provided by VCC. The Client understands that all information provided to VCC must be true and accurate to the best of the Client's knowledge. 5. Disclaimer of Guarantee or Warranty. VCC AGREES ONLY TO PERFORM THE SERVICES SPECIFICALLY DESCRIBED IN SECTION 2 ABOVE. VCC DOES NOT REPRESENT OR WARRANT THAT IT WILL ACHIEVE SPECIFIC RESULTS FOR THE CLIENT. VCC DOES NOT REPRESENT OR GUARANTEE THAT THE CLIENT'S CREDIT REPORT OR SCORE WILL BE AFFECTED BY THE SERVICES PROVIDED BY VCC OR THAT THE CLIENT WILL RECEIVE NEW CREDIT OR LOANS, CREDIT CARDS OR MORTGAGES AS A RESULT OF VCC'S SERVICES. 6. Notices. 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: Veracity Credit Consultants, LLC Attn: Processing Department 535 16th St. Suite 700 Denver, CO 80202 Facsimile: 303.623.0480 Email: updates@veracitycredit.com The above address is the principal place of business for VCC. The registered agent of VCC for service of process is Corporation Service Corporation at 1560 Broadway, Denver, CO 80202. 7. Mortgage Brokers. In the event that Client is utilizing VCC's services as part of Client's dealings with a Mortgage Broker, Client authorizes Mortgage Broker to disclose Client's financial history to VCC and also authorizes VCC to disclose Client's financial information to said Mortgage Broker. 8. Severability. 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. 9. Indemnification. The Client agrees to defend, indemnify and hold VCC and its members, managers, employees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of VCC's provision of services to the Client under this Agreement or the Client's breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of VCC's gross negligence or willful misconduct. The Client further agrees to pay VCC's reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement. 10. Governing Law. The laws of the State of Colorado shall govern the construction and interpretation of this Agreement, without regard to conflict of law or choice of law provisions thereof. 11. Counterparts. 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. 12. Digital Signatures. The Client agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act. 13. Arbitration of Disputes. In the event of any claim or dispute between the Client and VCC arising from or relating to this Agreement, or the enforceability or scope of this arbitration provision, or of any prior agreement, the Client and VCC must resolve the claim or dispute by binding arbitration. IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, NEITHER THE CLIENT NOR VCC SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PRE HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE CLIENT NOR VCC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CLIENTS OF VCC WITH RESPECT TO THEIR AGREEMENTS WITH VCC, 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.arb forum.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 Client and any legal proceedings by VCC to collect a debt owed by the Client. In the event that Client fails or refuses to pay amounts properly due and owing, VCC 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 the City and County of Denver, State of Colorado, applying Colorado law without regard to choice of law principles. 14. Entire Agreement. This Agreement represents the final and entire agreement between the Client and VCC and shall supersede all other agreements between the parties regarding the subject matter hereof. We are required by the Federal Trade Commission and State Laws to Keep This Document with Your File. 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. Bankruptcy information can be reported for up to 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. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580 Rights Under Colorado and Federal Law You have a right to obtain a copy of your credit report from a credit bureau for a small fee. You have a right to dispute inaccurate information by contacting the credit bureau directly. However, you have no right to have accurate information removed from your credit bureau report. Under the federal "Fair Credit Reporting Act", the credit bureau must remove accurate negative information from your report only if it is over 7 years old. Bankruptcy can be reported for 10 years. Even when a debt has been completely repaid, your report can show that it was paid late if that is accurate. You have a right to sue a credit repair company that violates the "Colorado Credit Services Organization Act". This law prohibits deceptive practices by repair companies. The "Colorado Credit Services Organization Act" also gives you a right to cancel your contract for any reason within 5 working days from the date you sign it. The Federal Trade Commission enforces the federal "Fair Credit Reporting Act". For more information, call or write the Denver regional office of the Federal Trade Commission. The administrator of the uniform consumer credit code enforces the "Colorado Credit Services Organization Act". For more information, call or write the Colorado attorney general's office. The Client hereby acknowledges receipt of the foregoing notices. Federal Cancellation Right You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. See attached notice of cancellation form for an explanation of this right. Colorado Cancellation Right You, the buyer, may cancel this contract at any time prior to midnight of the fifth working day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right. EXHIBIT A NOTICE OF CANCELLATION FORM NOTICE OF CANCELLATION Veracity allows you to cancel this agreement without penalty or obligation at any time. In addition, federal law requires us to provide you with the following Notice of Cancellation form in bold and in duplicate: NOTICE OF CANCELLATION YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE MIDNIGHT OF THE 3RD DAY WHICH BEGINS AFTER THE DATE THE CONTRACT IS SIGNED BY YOU. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED, DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE TO VERACITY AT PO BOX 1140 DENVER, CO 80201 BEFORE MIDNIGHT ON [ DATE ] I HEREBY CANCEL THIS TRANSACTION, [ DATE ] [ PURCHASER'S SIGNATURE ] [ PURCHASER'S PRINTED NAME ] - - - - - - - - - - - - - - - - - - - - - - NOTICE OF CANCELLATION YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE MIDNIGHT OF THE 3RD DAY WHICH BEGINS AFTER THE DATE THE CONTRACT IS SIGNED BY YOU. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED, DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE TO VERACITY AT PO BOX 1140 DENVER, CO 80201 BEFORE MIDNIGHT ON [ DATE ] I HEREBY CANCEL THIS TRANSACTION, [ DATE ] [ PURCHASER'S SIGNATURE ] [ PURCHASER'S PRINTED NAME ] NOTICE OF CANCELLATION YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN FIVE (5) WORKING DAYS FROM THE DATE THE CONTRACT IS SIGNED. IF YOU CANCEL ANY PAYMENT MADE BY YOU UNDER THIS CONTRACT, IT WILL BE RETURNED WITHIN TEN (10) DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED, DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE TO VERACITY AT PO BOX 1140 DENVER, CO 80201 NOT LATER THAN MIDNIGHT [ DATE ]. I HEREBY CANCEL THIS TRANSACTION, [ DATE ] [ PURCHASER'S SIGNATURE ] [ PURCHASER'S PRINTED NAME ] - - - - - - - - - - - - - - - - - - - - - - NOTICE OF CANCELLATION YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN FIVE (5) WORKING DAYS FROM THE DATE THE CONTRACT IS SIGNED. IF YOU CANCEL ANY PAYMENT MADE BY YOU UNDER THIS CONTRACT, IT WILL BE RETURNED WITHIN TEN (10) DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. TO CANCEL THIS CONTRACT, MAIL OR DELIVER A SIGNED, DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE TO VERACITY AT PO BOX 1140 DENVER, CO 80201 NOT LATER THAN MIDNIGHT [ DATE ]. I HEREBY CANCEL THIS TRANSACTION, [ DATE ] [ PURCHASER'S SIGNATURE ] [ PURCHASER'S PRINTED NAME ] |
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