Terms of Use

    RECREDITPAIR.COM
    JANUARY 12, 2012

    This RECREDITPAIR, LLC TM (herein, RCP) Web Site (the "Site" or "Website") and Product Terms of Use Agreement (the "Terms of Use" or "Agreement") is entered into by the person using this Website and/or the Product ("You" or the "Customer") and RECREDITPAIR, LLC TM (again, "RCP", "we" or "us"), with a principal place of business at 6939 Sunrise Boulevard, Suite 123, Citrus Heights, CA 95610. FIRST AND FOREMOST, WE AT RCP MUST UNDER NO UNCERTAIN TERMS STRESS TO YOU THAT WE ARE NOT A CREDIT REPAIR ORGANIZATION, OR ANY SIMILARLY REGULATED KIND OF ORGANIZATION UNDER APPLICABLE LAWS, AND WE DO NOT PROVIDE ANY SERVICES OR PROVIDE CREDIT ADVICE OF ANY KIND TO YOU, THE CUSTOMER. WHAT WE DO PROVIDE YOU ARE DO-IT-YOURSELF EDUCATIONAL TOOLS, SUCH AS LETTER MODELS FOR YOUR OWN, PERSONAL AND INDEPENDENT USE. THESE TOOLS ARE NOT PROVIDED WITH ANY GUARANTEE WHATSOEVER OR PROMISE THAT THEY WILL IMPROVE YOUR CREDIT BUREAU SCORE, SINCE THIS SCORE IS CONTINGENT UPON SO MANY DIVERGENT FACTORS.

    You the Customer should seriously, slowly and very carefully read the following Terms of Use prior to using either the Site or the Product. By using the Site and the Product, you hereby agree to be held to, and otherwise bound by, the Terms and Conditions of Use as fully set forth in this document. You are responsible for knowing and understanding these Terms of Use. Please be advised that this is a legally binding agreement. If for any reason whatsoever, you do not agree with these Terms of Use, then by all means, you must not use The Site or the Product, and obviously, must leave The Site, without using, copying, modifying, saving, or downloading elements of the Website, or the Product. This Site provides, for your sole and individualized utilization, an automated source for educational materials which you may use pursuant to the terms and conditions contained herein, and only pursuant to the terms and conditions contained herein.

    1. Through the foregoing and by accessing the Site, we hereby agree to make available to You the Customer, certain privileged access to The Site and/or the Product in full accordance with these terms and conditions, and you hereby accept, confirm and otherwise acknowledge that both the Site and the Product are provided to You the Customer on an "as is, as available, as needed" basis, with all guarantees disclaimed, disavowed and otherwise denied.

    2. Through the foregoing and by accessing this Site, You the Customer hereby agree to use The Product in a manner consistent with the Terms of Use and all applicable Federal, State and Local rules and regulations. Through the foregoing and by accessing this site, you also hereby agree that you have studied, reviewed, as well as analyzed the entirety of this text. Accordingly, you agree that you fully understand these Terms of Use, and you explicitly accept, without qualification, the conditions elucidated in this Terms of Agreement. You and/or anyone else who uses this Product as a consumer on your behalf, hereby agree to read and to accept these Terms of Use carefully, before using The Site or the Product. If you do not agree to the Terms of Use, you may not continue to access or otherwise use The Site, or the Product.

    3. The resources which we provide at the Site or in the Product are exclusively for broad and generalized information and educational purposes only, and as such, they do not constitute credit repair advice or services, nor do they purport to improve, enhance, boost raise, or increase your credit. Also, they do not constitute legal or other advice, for that matter. These resources are not supposed to be construed or utilized as a substitute for the receipt of legal advice from competent legal counsel, or from financial advisers. All articles, hypertext website links and other materials displayed by RCP in the Product are for educational purposes uniquely, and thus, these resources are not in any way supposed to be construed as any specific representation, statement, comment or otherwise, suggesting any ostensible claim of guarantee that your credit will indeed be improved by using the Product. RCP is certainly no intelligent substitute for seeking specific professional legal, financial, credit or tax advice, and RCP is not in any manner to be considered as providing any substitute for any professional or legal or other service or advice. For specific legal advice regarding your particularized legal or financial situation, please understand that you must retain your own legal or other professional counsel. TO REITERATE, WE DO NOT PROVIDE YOU THE CUSTOMER WITH ANY SERVICES FOR THE IMPROVEMENT, ENHANCEMENT, BOOSTING, RAISING, OR INCREASING OR CLEANING UP OF YOUR CREDIT. WE MAKE NO REPRESENTATION WHATSOEVER THAT WE WILL "FIX" OR "REPAIR" OR "REBUILD" YOUR CREDIT, OR WORDS TO THAT EFFECT.RCP makes no guarantee as to advice, opinion, statement, or other information displayed or distributed through the Product. By using this Product or accessing this website, you the customer acknowledge that any reliance upon any such materials as contained in the website or in the Product, including but limited to educational or informational data, shall be at your own, sole, and undivided jeopardy.

    4. Subject to the terms and conditions herein, you may not transform, copy, distribute, dispense, republish or upload any of the educational material on The Site or in the Product in any way or fashion whatsoever, unless and until you obtain the prior written consent of RCP. No intellectual property or other rights shall be transferred to you through your use of the Website. RCP reserves the right to make changes to The Site, as well as to these Terms of Use, including the availability of any feature, database, Content, Web page materials, product information and prices on the Website at any time without notice or liability for making said changes. RCP may also impose limits on certain features and services or restrict your access to parts or all of The Site without notice or liability. You are under no obligation to utilize the site to initiate contact or apply for credit with any linked service provider.

    5. The RCP Site and the Product are protected by both applicable federal and state copyright/trademark laws, pursuant to U.S. copyright laws, international conventions, and other applicable copyright laws. All materials contained on The Site and in the Product are through the foregoing protected by applicable copyright and trademark laws, and are either owned or wholly controlled by RCP.

    6. On this website and in this Product, RCP endeavors to provide you with some of the requisite tools to help you review the accuracy and timeliness of your credit bureau reports, and in so doing, we may provide you with publicly available hypertext links from or to third party sites, and/or publicly available government sites. Please be advised that we have decided to provide you with these tools for your own convenience and information purposes. We do not make any claim whatsoever of having reviewed, endorsed, approved or controlled any of these links, and furthermore, we are not responsible for any of those sites linked from the Product or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. You choose to link to any other site at your sole peril, and we will absolutely not be responsible or liable for any damages of any nature whatsoever in connection with said linking, and furthermore, we neither accept liability, nor make any endorsement or approval of the same. It is your own personal responsibility to protect your computer system from being hacked, or invaded, by third parties, including but not limited to their use of invasive items such as computer worms, viruses, Trojan Horses or any other damaging items on your home or business computer. Any unprotected e-mail disseminated over the world-wide-web sent by you is subject to possible interception and alteration, so you must be aware that we will not be held responsible or liable to you or other third parties for damages of whatsoever nature relating to said e-mail. Furthermore, through the foregoing, we do not allow you to create a hypertext link to this site if you are a credit repair organization as defined and as otherwise regulated by the federal credit repair organizations and state laws.

    7. Through the use of the Site and the Product, you implicitly and explicitly agree to hold RCP, and all its officers, information providers, affiliates, licensors directors, attorneys, members, owners, agents, employees, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (without limitation) 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 hereby agree, through the use of the Site or Product, to cooperate as fully as reasonably required in the defense of any claim against RCP. RCP reserves the right 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 RCP.

    8. RCP MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS. FURTHER, RCP AND ITS AGENTS, EMPLOYEES AND COUNSEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RCP SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. RCP 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 DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE OR PRODUCT WITH WHICH IT IS LINKED.

    9. If it turns out that any part of the Terms of Use be declared invalid or ineffectual, nugatory, inoperative or otherwise void by any court of competent jurisdiction, then this determination or declaration shall not in any way affect the validity or legality of any remaining portion(s) and such remaining portion shall remain in full force and effect as if that [invalid] portion of the Terms of Use had been eliminated.

    10. These Terms of Use represent and otherwise embody the complete and entire agreement between you the Customer and RCP, with respect to your use of the Site and the Product, and furthermore, no illustration, declaration, incentive, or promise, regardless of whether it is oral or written, which is not contained herein, shall bind either party. RCP reserves the right, at its sole discretion and of its own volition, to alter, substitute, append 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 either on The Site or the Product.

    11. Both the Website and the Product including the Terms of Use are agreed upon and otherwise prepared in the State of California, United States of America. This agreement shall be, and accordingly is, governed by and construed in accordance with the local and State laws of the state of California, in the County of Sacramento, without any consideration or regard to any legal principles of "conflicts of law." The jurisdiction for any action, conflict, dispute or proceeding arising from, out of, in relation to, through, concerning or surrounding this Agreement, or the Product, or the website, shall be the applicable federal or state court, located in Sacramento County, in the State of California. This court shall oversee the specific alternative dispute resolution provision which follows. Specifically, any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute. The parties will agree upon an arbitrator who is on the current list of the Sacramento County Arbitration Panel. If the parties cannot agree, then the Superior Court of Sacramento County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. Attorney and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with inter alia, Code of Civil Procedure Section 1283.05. The cost of the arbitration, excluding legal fees and costs, shall be borne by each party, without regard to which party or entity is determined to have been the "winning" or prevailing party in the arbitration proceeding. The sole and exclusive venue for the arbitration and or any other legal dispute shall be Sacramento County, California. The award of the arbitrator(s) can be enforced by the party who prevails in the suit in any court having jurisdiction. As aforementioned, each party does hereby consent to any State or Federal Court in the County of Sacramento, State of California, to compel arbitration, enforce arbitral awards or to pronounce interim remedies prior to qualification of the arbitrator. Finally, you hereby agree and otherwise stipulate that your right to bring an action in arbitration shall cease and be null and void unless it is brought within twelve months from the event that the gave rise to the claim, or it shall be agreed that the claim is forever barred.

    12. You have a definite and inalienable legal ability to dispute inaccurate or obsolete information in your credit report, by contacting one of the three credit bureaus directly. However, you must be aware that neither you nor any "credit repair" company or credit repair organization (which RCP is not) acting on your behalf have the right to have accurate, current, non-obsolete and/or verified information removed from your credit report. We simply do not advocate that practice. However, be advised that you do have a right to obtain a copy of your credit report from a credit bureau, and for this service, you may be charged a reasonable fee. There should be no fee to you, 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 a person to help you interpret the information in your credit file. You are also 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. Many states in America provide government records either free of charge, or charge a nominal fee.

    13. You the Customer may at any time sue any credit repair organization that you utilize, which in turn has been found to be violative of inter alia, the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations offering services. TO REITERATE, WE DO NOT PROVIDE ANY SERVICES WHATSOEVER RELATIVE TO THE IMPROVEMENT, ENHANCEMENT BOOSTING, RAISING, INCREASING OR CLEANING UP YOUR CREDIT RECORD, CREDIT BUREAU, CREDIT HISTORY OR CREDIT RATING. We simply offer you a self-help educational product, at your sole and undivided risk. You have the right to cancel your contract with any credit repair organization (which we are not) for any reason within 3 business days from the date you signed it. You the Customer may on your own and after receipt of our Product, signify to a credit bureau in writing that you have a difference of opinion relative to the accuracy or timeliness of [some of] the information in your credit file. The credit bureau is required to investigate and modify or remove inaccurate or incomplete or outdated information. If the investigation does not resolve the dispute to your satisfaction, you have the right to send a statement to the bureau, explaining why the record is inaccurate. The Federal Trade Commission regulates credit bureaus and credit repair organizations. Again, please be advised that we do not provide services but rather, we provide an educational self-help product. For more information contact The Public Reference Branch, Federal Trade Commission, Washington, D.C. 20580, WPB DS 25834.