Last updated 30 September 2021
The client engages the services of Cool Credit under the below mentioned terms and conditions:
All clients/customers/former and past clients, agree to forward all correspondence from the credit bureaus to Cool Credit including, but not limited to, letters and credit reports.
Cool Credit cannot perform the service provided without obtaining copies of the credit reports and all correspondence from the credit bureaus. Clients agree to provide all relevant and requested documents in a timely manner to Cool Credit. We ask that all documentation be provided as soon as reasonably possible. Generally we need this information within two (2) business days or receipt.
Clients agree to inform Cool Credit of any change of address in a timely manner. Cool Credit will be limited in providing our services until obtaining new bills/statements with the updated address.
Clients understand that Cool Credit has no ability to dictate the decisions clients make regarding financial decisions that may impact their credit report, credit score, and/or other financial responsibilities. Clients cannot and will not hold Cool Credit accountable or liable for any actions , and/or consequences regarding their past, present, and/or future decisions that may impact their credit report, credit score, financial situation, and/or standing with any financial, or otherwise, institution and/or company.
Clients agree to pay Cool Credit for the services rendered. Lack of payment will suspend all work on their account. Cool Credit will work with any customer seeking to resolve billing or service issues so long as that customer contacts our office as soon as reasonably possible regarding their billing or accounting issues.
The success of this service will be dependent on the completion of the above mentioned client commitments. Clients understand that failure to complete all of these activities will void the service guarantee, refund, and warranty.
If you feel our service is no longer a good option for you, you can cancel by emailing firstname.lastname@example.org. You can cancel at any time and all work on your account will immediately cease.
There are several limits to the work of Cool Credit of which the clients should be aware. Because each case can vary, Cool Credit cannot guarantee any specific or individual results on a client’s case. Because each case is different, there is no precise time frame that can be reasonably disclosed. Credit Bureau reports as well as other relevant documentation provided us becomes property of Cool Credit. A client agrees to waive all rights to obtain copies of the correspondence sent to the credit bureaus from Cool Credit.
Clients agree to pay Cool Credit for work as it is completed on a month-to-month basis as outlined in service agreement. Payment is due upon completion of work on a client’s account.
All payments are final. Amounts are not negotiable. There are no refunds for any accomplished or completed service that has been performed and verified. In the event of cancellation prior to work being engaged (first 5 days after signing), any funds paid in advance of specific service items left uncompleted by cancellation, or specific item withdrawal under the agreement, will be refunded within fifteen (15) days following the cancellation of the agreement or withdrawal of specific service items if no additional amended service to which funds can be applied is agreed to thereafter.
Client understands and agrees by signature that failure to pay for services accomplished or completed by verification as agreed or according to agreement terms, will incur an additional collection charge of up to 35% to be added to any outstanding amounts due if not paid within ninety (90) days following agreement completion or cancellation. This will include a $35.00 NSF fee in addition to the charged service amount, any payment for services that is dishonored or payment reversal or chargeback after the fact for reason.
The circumstances under which agreement terms may be in default thereby subjecting the account to cancellation and possible collection action will include (but not limited to):
In the event that any of the client’s creditors may at a later date re-list derogatory information on the client’s credit bureaus after any negotiated deletion is accomplished under their agreement, Cool Credit assumes no liability for the creditor’s unannounced actions. If creditor relisting occurs during the original agreement terms or within six (6) months of agreement term ending, no additional charges will be made for negotiating the derogatory item a second time. Should Cool Credit be approached by the client for assistance in negotiating the derogatory relisted item after the agreement term has canceled or ended, all appropriate fees for such service will apply on a new agreement between client and Cool Credit.
Collection of your Personal Information: Cool Credit may collect personally identifiable information, such as your name, Date of birth, current and previous addresses, and other relevant information related to the restoration and repair of your credit report by removing inaccurate negative items. Cool Credit may also collect anonymous demographic information, which is not unique to you, such as your age, city and state. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected by Cool Credit. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Cool Credit website.
Cool Credit encourages you to review the privacy statements of websites you choose to link to from Cool Credit so that you can understand how those websites collect, use and share your information. Cool Credit is not responsible for the privacy statements or other content on websites outside of the Cool Credit website.
Use of your Personal Information: Cool Credit collects and uses your personal information to operate its websites and deliver the services you have requested.
Cool Credit may also use your personally identifiable information to inform you of other products or services available from Cool Credit and its affiliates. Cool Credit may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Cool Credit does not sell, rent or lease its customer lists to third parties. Cool Credit may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Cool Credit, and they are required to maintain the confidentiality of your information. Cool Credit may keep track of the websites and pages our users visit within Cool Credit, in order to determine what Cool Credit services are the most popular. This data is used to deliver customized content and advertising within Cool Credit to customers whose behavior indicates that they are interested in a particular subject area.
Cool Credit will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Cool Credit or the site; (b) protect and defend the rights or property of Cool Credit; and, (c) act under exigent circumstances to protect the personal safety of users of Cool Credit, or the public.
Security of your Personal Information: Cool Credit secures your personal information from unauthorized access, use or disclosure.
Changes to this Statement: Cool Credit will occasionally update this Statement of Privacy to reflect company and customer feedback. Cool Credit encourages you to periodically review this Statement to be informed of how Cool Credit is protecting your information.
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) late payment; (b) denied payment transaction; (c) harassing/threatening/abusing/offending our employees or agents; (d) providing false or inaccurate information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (g) breaching, failing to follow, or abusing the Agreement or Policies; (h) providing false, inaccurate, dated, or unverifiable identification or credit information or becoming insolvent or bankrupt.
In the event a dispute shall arise between the parties to this contract, agreement, and/or services, it is hereby agreed that the dispute shall be resolved by arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
(a) “Disputes” are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, billing services and practices, policies, contract practices (including enforceable), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that you bring against our employees, agents, affiliates, or other representatives or that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
(b) If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. Notice to you will be sent as described in the “Providing Notice to Each Other Under The Agreement” section and notice to us will be sent to: Cool Credit. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
(c) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.
(d) The arbitration will be governed and conducted by (a) a neutral third party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this “Dispute Resolution” section conflicts with JAMS’ minimum standards for procedural fairness, the JAMS rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.
(e) WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and Cool Credit (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(f) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. However, the initiating party will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
You agree to indemnify, defend, and hold Cool Credit and our subsidiaries, affiliates, parent companies harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit or make available; failure to safeguard your information, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.
Thank you for choosing Cool Credit!
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