FREECREDITFIXLETTERS.COM (hereinafter referred to as "FCFL") TERMS OF USE
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. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
Welcome
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 multiple editions:
- Unlimited Edition (Gold Package – unlimited access to the system to generate needed dispute letters)
- Limited Edition (Free service allows you access to the system to generate 3 dispute letters per year)
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. If you become a paying customer of the Service, you agree that FCFL can disclose the fact that you are a paying customer and the edition of the Service that you are using.
Disclosure of Information
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), 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.
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.
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 violative 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.
Your Responsibilities
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 all users not to make frivolous claims.
Account Information and Data
FCFL 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. In the event this Agreement is terminated (other than by reason of your breach), FCFL will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. FCFL reserves the right to withhold, remove and/or discard Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Data immediately ceases, and FCFL shall have no obligation to maintain or forward any Data.
Intellectual Property Ownership
FCFL alone (and its licensors, where applicable) 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, or the FCFL Letter Library. The FCFL name, the FCFL logo, and the product names associated with the Service are trademarks of FCFL or third parties, and no right or license is 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
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User enrollment fees are actively used. You must provide FCFL with valid credit card as a condition to signing up for the Service. FCFL reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party. Services may not be available in all states.
Billing and Renewal
FCFL charges and collects in advance for use of the Service. FCFL will automatically renew and bill your credit card or issue an invoice to you each month on the subsequent day or as otherwise mutually agreed upon. The renewal charge will be equal to the current monthly enrollment fee. FCFL has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter.
You agree to provide FCFL with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and name and telephone numbe. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, FCFL reserves the right to terminate your access to the Service in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Non-Payment
In addition to any other rights granted to FCFL herein, FCFL reserves the right to limit user access to the FCFL service in the event of a non-payment or credit card being declined.
Termination for Cause
Any breach of your payment 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, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
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 billing information is correct.
Mutual Indemnification
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 OFFERED OR GUARANTEED.
Internet Delays
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.
Additional Rights
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.
Notice
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.
General
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.
Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online via the Online Order Center, and any materials available on the FCFL website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by FCFL from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service; "Initial Term" means the contract term, beginning on the contract start date and ending on the contract end date, specified on the applicable Order Form; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "FCFL" means collectively FCFL, inc., a registered trademark of BMJ&J INC a Florida corporation. All financial transactions will be accepted and receipted by BMJ&J INC "FCFL Technology" means all of FCFL's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by FCFL in providing the Service; "Service(s)" means the specific edition of FCFL's online customer relationship management, billing, data analysis, or other corporate ERP services identified during the ordering process, developed, operated, and maintained by FCFL, accessible via http://www.Freecreditfixletters.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by FCFL, to which you are being granted access under this Agreement.
