Aggressive Credit Repair, LLC
Aggressive Credit Repair, LLC, values your privacy and understands you may have concerns about how your information is used and shared. This notice applies to all information collected by us or submitted on the Aggressive Credit Repair website.
What Personal Information Is Gathered by Aggressive Credit Repair?
Information You Provide:
Aggressive Credit Repair collects, maintains and uses information provided as necessary to review and form agreements with prospective clients, to manage its website and communicate with potential and existing clients, to comply with federal law and the law of the State of Utah (the State in which Aggressive Credit Repair is located), to assist its clients under its contracts, and to process payments for its services.
Limited Sharing of Information
Information collected by Aggressive Credit Repair, LLC, about its customers is never sold and is only shared with others as required to assist clients under their contracts with Aggressive Credit Repair, LLC, and to process payments to Aggressive Credit Repair, LLC.
Persons under eighteen (18) years of age are not permitted to use the Aggressive Credit Repair website and Aggressive Credit Repair does not do business with minors. For this reason, Aggressive Credit Repair, LLC, does not knowingly collect or share personal information from minors (persons under age 18). If you become aware that a minor has provided personal information to Aggressive Credit Repair, LLC, please contact Aggressive Credit Repair immediately. After verifying the information, Aggressive Credit Repair, LLC, will delete any minor information from our records.
Links and Third Party Websites
Aggressive Credit Repair, LLC, may host links on its website to other, third party websites, but is not responsible for content or privacy policies of other sites. It is recommended that you review the content and policies of all sites that you visit.
If you have any questions or concerns about this Policy or Aggressive Credit Repair’s compliance with this policy, please feel free to contact Aggressive Credit Repair, LLC, as follows:
1. In writing by United States mail, postage prepaid, to Aggressive Credit Repair, LLC, at 878 Windsor Lane, Bountiful, UT 84010; or
2. In writing by email request to [mail_to email=”info@AggressiveCreditRepair.com”]info@AggressiveCreditRepair.com[/mail_to]; or
3. In writing through www.AggressiveCreditRepair.com, the Aggressive Credit Repair website.
BY ACCESSING OR USING THE WEBSITE OR REQUESTING A RETURN CONTACT THROUGH AGGRESSIVE CREDIT REPAIR’S WEBSITE, YOU CONSENT TO THIS AGREEMENT INCLUDING ALL OF THE FOLLOWING TERMS AND CONDITIONS:
Conditions of Use Pertaining to The Website
You may only access or use The Website if you agree to the Website Agreement. If you do not agree, you may not access or use The Website. Aggressive Credit Repair reserves to revise the Website Agreement at any time and your access and use of The Website is governed by the Website Agreement posted on The Website at the time you access The Website. Continued use by you of The Website after a change in the posted Website Agreement on The Website confirms your agreement to and affirmance of the updated Website Agreement. It is your responsibility to regularly review the Website Agreement in order to familiarize yourself with the terms it contains and with which you will be bound by accessing and using The Website.
Capacity to Contract– Minors Not Allowed
As a condition of accessing and using The Website, you represent that you are legally capable of entering into contracts and that all information you submit to us is current and accurate. Anyone accessing The Website must be at least eighteen (18) years old and by using The Website or requesting a return contact from Aggressive Credit Repair, you represent that you are eighteen (18) years of age or older and this representation is relied upon by Aggressive Credit Repair.
Non-Commercial Use Only
Access to and use of The Website is limited to personal, non-commercial use. Access to and use of The Website, by whatever means is at your own expense and risk (particularly referring to internet access and equipment costs and use, including data usage costs, as well as any and all other service costs). You agree that you will only access and use The Website in a lawful manner and for purposes permitted under the Website Agreement and which are compliant with governing laws and which do not infringe upon the access, use, speed, and enjoyment of The Website by others. This includes the obligation on your part to comply with all applicable laws in the country, state, province, and/or territory in which you access and use The Website. Additionally, you may not take any action or commit any act which would interfere with or damage The Website or which would infringe upon the security of The Website.
Prohibited actions specifically include:
- Republishing, selling, leasing, licensing, transmitting, showing, saving, or otherwise sharing all or any portion of the website except as expressly permitted by law or by this Website Agreement;
- Modifying, deleting, reformatting, or otherwise changing or altering The Website or its available content;
- Observing, monitoring, or tracking access of The Website by users, hosting or architectural aspects of The Website, or security features of The Website (specifically including keystroke logging);
- Obtaining or using any information on The Website for any marketing purposes without the express, written authorization of Aggressive Credit Repair including contact information such as email addresses and other data mining and collection activities;
- Deconstructing, decompiling, reverse engineering, or related acts or processes to or affecting data or other compositional components of The Website;
- Transmitting any pornographic, nude, offensive or obscene images or obscene, harmful (including virus, spyware, or other malicious software or routines), defamatory, untruthful or offensive language to Aggressive Credit Repair its host or users, or through The Website; and
- Making any access or use of The Website which would be a burden on infrastructure or which would use Website resource in a manner disproportionate to access or use by the typical user, irrespective of whether such access or use was intended or unintended, known or unknown, and whether or not due to your use of specific hardware or software.
Permitted actions specifically include (within the limitations otherwise expressed in The Website Agreement and by law):
- Accessing and using The Website through a web browser;
- Streaming video and audio files made available through The Website;
- Printing pages from The Website for personal, permitted use;
- Downloading The Website pages for caching purposes in a web browser;
- Sharing or re-transmitting any Aggressive Credit Repair newsletter available on the website so long as the newsletter is not altered in any way; and
- You may establish/set-up links to the homepage of The Website as long as you provide Aggressive Credit Repair with notice by email of the link to info@AggressiveCreditRepair.com so long as any such links are promptly discontinued upon request by Aggressive Credit Repair. Further or differing links or conditions require the express, written permission from Aggressive Credit Repair.
By accessing The Website or requesting a return contact from Aggressive Credit Repair, you agree to the Website Agreement, including the following Arbitration Provision in connection with your dealings with Aggressive Credit Repair:
As an express condition of accessing or using The Website or using the services of Aggressive Credit Repair, you and Aggressive Credit Repair each agree that any and all claims, disputes, or controversies that have arisen or occurred or may arise or occur between you and Aggressive Credit Repair relating in any way to this Agreement, The Website, communications between you and Aggressive Credit Repair, or services provided by Aggressive Credit Repair, services failed to be provided by Aggressive Credit Repair, or any other use by you or access by you to Aggressive Credit Repair’s services, or any products or services sold, offered, or purchased through Aggressive Credit Repair shall be resolved exclusively through final and binding arbitration, instead of by a court of law or court of equity. Arbitration under this section concerns a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
This Arbitration Agreement replaces and supersedes any prior “Arbitration Agreement,” “Class Action Waiver,” “Dispute Resolution,” “Judicial Reference,” “Jury Waiver,” or similar agreement or provision between you and Aggressive Credit Repair.
Prohibition of Class Actions or Other Representative Actions. You and Aggressive Credit Repair agree that each may bring claims against the other only on an individual basis. This means that neither party may act or participate as a plaintiff or class member in any purported class or representative action or proceeding against the other. Unless both parties (you and Aggressive Credit Repair) agree in writing, the arbitrator may not join or consolidate the claims of more than a single party and may not otherwise preside over any form of a class action or consolidated proceeding, whether by a group or representative. In addition, the arbitrator may only award individual relief, in whatever form that individual relief may take, such as monetary, injunctive, and/or declaratory relief. Furthermore, such relief may only be awarded to an individual party to the extent necessary to redress that party’s individual claim(s). Any relief awarded cannot affect any other parties, claimants, or non-parties.
Jury Waiver. You and Aggressive Credit Repair hereby waive all rights to a trial in connection with all claims, disputes, or controversies that have arisen or occurred or may arise or occur between you and Aggressive Credit Repair. If such claims, disputes, or controversies are not submitted to binding arbitration (for whatever reason), then such shall be decided by a judge sitting without a jury.
Arbitration Provision Survival. The Arbitration Provisions of this Agreement shall survive any termination or expiration of this Agreement or any other change of relationship between the parties and shall survive an amended agreement between the parties UNLESS such amended agreement expressly overrides or revokes (in a writing executed by both parties) the Arbitration Provisions of this Agreement.
Additional Terms Governing Arbitration
Unless otherwise agreed between you and Aggressive Credit Repair in a writing signed by you and Aggressive Credit Repair, Arbitration shall take place before a single arbitrator through either the Judicial Arbitration and Mediation Service, Inc. (JAMS) or the Forum, as selected by the first party to initiate arbitration under this Agreement. Arbitration, unless otherwise agreed in a writing signed by you and Aggressive Credit Repair, shall proceed in accordance with the rules of the arbitration forum selected (either JAMS or the Forum, hereinafter referred to as the Arbitration Administrator). To the extent that you and Aggressive Credit Repair can agree in writing, a specific, licensed attorney may be selected in place of the previously identified, potential Arbitration Administrators, to conduct the Arbitration. In the event that JAMS and the Forum refuse to administer the Arbitration and the parties cannot agree on a specific, licensed attorney to conduct the Arbitration, then either party may file a lawsuit in the venue provided for by other sections of this Agreement (or as they may agree upon in writing) and move the Court for an Order requiring Arbitration and that the Court select and arbitrator with substantial experience in the type of dispute at issue. In such an instance, the arbitrator selected shall apply the laws of the United States and the State of Utah to the Arbitration, regardless of principles on the conflict of laws or where each party resides or is located. Questions relating to the scope of the Arbitration Agreement shall be determined solely by the Arbitrator. The arbitrator’s award shall be final and binding. Judgment on the arbitrator’s award may be entered in any court having jurisdiction pursuant to this Agreement except that, if the arbitration award exceeds $100,000, any party shall be entitled to appeal the award before a panel of three arbitrators. To that end, if the award (including the Arbitration Administrator, arbitrator, costs, and attorney’s fees) exceeds $100,000, the arbitrator shall issue a written, reasoned decision supporting the award with facts and legal authority and their application to the dispute arbitrated between the parties sufficient for a fair and reasonable review by the panel of arbitrators. An appeal under this provision must be filed with the arbitrator within thirty (30) days following the date of the arbitration award or the arbitration award shall become final and binding. On appeal, the arbitrators shall make a new or “de novo” review of the award which does not require any deference to the ruling of the original arbitrator as to findings of fact and conclusions of law. Appeal of an arbitration award shall be pursuant to the rules of the Arbitration Administrator. If the Arbitration Administrator has no such rules or a licensed attorney arbitrator is used, then the JAMS arbitration appellate rules shall apply.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the rules of the Arbitration Administrator selected (or as may otherwise be agreed in writing between the parties) or as otherwise provided for in this Agreement to Arbitrate. If you initiate any Arbitration pursuant to the terms of this Agreement and the relief sought by you is $5,000 or less, Aggressive Credit Repair agrees to reimburse you one half of the Arbitration Administrator’s initial filing fee, up to $500. If Aggressive Credit Repair initiates Arbitration pursuant to the terms of this Agreement, Aggressive Credit Repair will pay all filing, administration, and arbitrator fees associated with the arbitration, subject to a claim for reimbursement for the same as part of the Arbitration award. In the event the arbitrator determines any claim(s) asserted by either party in the Arbitration to be frivolous, the other party shall be entitled to a reimbursement for all fees associated with the Arbitration paid by the party which asserted any such frivolous claim(s).
Judicial Forum for Legal Disputes. Unless otherwise agreed between the parties, you and Aggressive Credit Repair agree that should the Arbitration Agreement set forth herein be held or determined not to apply to you or to a particular claim or dispute, it is agreed between the parties that any and all claims, disputes, or controversies that have arisen or occurred or may arise or occur between the parties shall be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and Aggressive Credit Repair agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah, for the purpose of litigating all such claims, disputes, or controversies.
Severability of the Arbitration Provision. If the arbitrator or a court decides that any part of this Arbitration Agreement is invalid or otherwise unenforceable, the other parts of this Arbitration Agreement shall remain in effect unless the provision entitled “Prohibition of Class Actions or Other Representative Actions” is determined to be invalid or otherwise unenforceable, in which event the entire Arbitration Provisions of this Agreement shall be null and void (with all non-Arbitration related provisions of this Agreement remaining in force).
Purchasing Products or Services Not Required
The Website is intended to provide information about Aggressive Credit Repair credit information and services, and information about products and services available through Aggressive Credit Repair including assistance with credit repair. The Website is also intended to provide a gateway for you to subscribe (for a fee) to products and services which may be available from Aggressive Credit Repair, a Utah Limited Liability Company. You are not required, however, to purchase goods or services from Aggressive Credit Repair in order to access and use The Website. You must, however, comply with the Website Agreement.
Ownership and Intellectual Property Rights
Content of The Website may contain content such as information, architecture, documents, other files, images, and sounds which is protected by law, including but not limited to Intellectual Property Rights (such as patents, trademarks, copyrights, etc.) which are owned or licensed by Aggressive Credit Repair or others and you agree not interfere with, change, or to improperly use such content and such Intellectual Property Rights are fully reserved by their owners.
By accessing or using The Website or by uploading through The Website or otherwise communicating to Aggressive Credit Repair through The Website or by email (documents, other files, images, and sounds), you irrevocably grant Aggressive Credit Repair a non-exclusive, royalty-free permission and license to store, use, adapt, reproduce, publish, translate, and distribute content provided to and information obtained by Aggressive Credit Repair so that it has the required rights to receive, host, display, and use such content and information in connection with The Website and in order to operate its business and to fulfill any contract it may have with you.
Disclaimer as to Website Accuracy
Aggressive Credit Repair does not warrant or guarantee the accuracy of information through The Website and will not be obligated for or compensate you or anyone else for any damages or losses you or they incur through reliance on any information available on or through The Website. However, if you are aware that information on The Website is inaccurate, please notify Aggressive Credit Repair by email at info@AggressiveCreditRepair.com, as Aggressive Credit Repair wishes to be as accurate as possible with regards to the information it provides. By accessing or using The Website, you acknowledge that you access and use the information and content available through The Website at your own risk and should take steps to confirm the accuracy of the information before relying upon the same.
Disclaimer as to Website Availability
Aggressive Credit Repair does not warrant or guarantee that The Website will be operational or available to all who wish to access and use The Website. Due to hosting concerns, laws in different countries, change in laws and regulations, change in content, technical concerns, and other concerns, including Aggressive Credit Repair’s own business decisions, The Website or portions of The Website may not be available or may be permanently shut down. Accordingly, you use The Website at your own risk and Aggressive Credit Repair will not be obligated for or to compensate you or anyone else for any damages or losses you or they incur based upon The Website not being available to you or them (in whole or in part).
Disclaimer as to Damages From Accessing or Using Website
Aggressive Credit Repair will not be liable to you or anyone else for any losses you or others may incur arising out of any events beyond its reasonable control. Furthermore, Aggressive Credit Repair will not be liable to you or anyone else in connection with any loss or corruption of any data, database or software which arises in connection with access or use of The Website. Nor does Aggressive Credit Repair warrant or guarantee that The Website will be free of viruses, “Worms,” “Trojan Horses,” or Spyware or other harmful material, intrusions, or components.
Further “As Is” Website Disclaimer
The Website and its content are supplied “AS IS” and “as available” and Aggressive Credit Repair will not be liable to you or to anyone else for any loss or damage suffered by you or them in connection with The Website. This is the case regardless of the reason for any such loss or damage and regardless of whether any loss or damage experienced by you is determined to be incident damages, consequential damages, direct or indirect damages, general or special damages, or any other type of loss or damage, including but not limited to any data loss or software or hardware problems or corruption.
Aggressive Credit Repair expressly disclaims any and all representations or warranties of any kind, express or implied, to the full extent permitted by law in connection with The Website, and specifically disclaims any Warranty of Merchantability or Warranty of Fitness for a Particular Purpose in connection with The Website. Additionally, Aggressive Credit Repair expressly disclaims any warranty of quality or satisfaction, warranty by sample, or any warranty of infringement. Aggressive Credit Repair does not claim or assert that you or anyone else have or will in any way be benefitted by accessing or using The Website or that The Website will meet any needs you or anyone else may have. Aggressive Credit Repair may post positive comments received, reviews by others, and client experiences on The Website. The fact that such comments, reviews, and experiences (and similar items) may be posted on The Website does not mean that you will have a similar experience or may rely upon these posted items and or that, in posting the same, Aggressive Credit Repair makes any promise, guarantee, or warranty of any kind to you in connection with The Website or its products or services. Any benefits, if any, which may be obtained by access or use of The Website or its products or services, may depend upon many individual factors including, but not limited to the knowledge and ability of the individual, the particular problems faced by the individual, current laws and regulations, and miscellaneous other facts. Past results are not a guarantee of an outcome on any other matter.
You agree to indemnify, defend, and hold harmless Aggressive Credit Repair its members, managers, officers, agents, and employees from any and all claims, causes of action, assertions, liabilities, damages, losses, costs, expenses (including expenses of litigation), or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising in connection with your breach of any obligation under the Website Agreement or any other misrepresentation or of anyone using any account you have with Aggressive Credit Repair. In connection with this indemnification provision, Aggressive Credit Repair is entitled to preserve and assume exclusive defense and control of any matter within the scope of the indemnification by you. Furthermore, as an express condition of this indemnification provision, you covenant to cooperate with Aggressive Credit Repair in its defense of any claim covered by the Website Agreement and this indemnification provision.
In jurisdictions where controlling law of the country, state, province, and/or territory which governs access and use of The Website and of the Website Agreement does not allow exclusion or limitation of damages, in such jurisdictions, the liability of Aggressive Credit Repair is limited to the fullest extent permitted by law.
Sole and Exclusive Remedy
Aggressive Credit Repair, LLC’s entire liability and your sole and exclusive remedy with respect to the access and use of any products and services provided by Aggressive Credit Repair for which no financial compensation is paid to Aggressive Credit Repair is closing your account with Aggressive Credit Repair and a discontinuance of use of The Website.
Consent to Electronic Transactions and Notices
You agree to transact with us electronically by your access and use of The Website and in your other contacts with Aggressive Credit Repair. In so doing, you consent to electronic contact and communications with Aggressive Credit Repair including receipt of electronic file in various formats including, but not limited to, email messages and files in PDF, TIFF, JPEG, and/or HTML format. Your consent to electronic contact extends to notices pertaining to The Website, the Website Agreement, and pertaining to any products and services for which you contract with Aggressive Credit Repair. It is your right to discontinue authorization for Aggressive Credit Repair to transact business with you electronically. Simply notify Aggressive Credit Repair of this fact. In that event, however, you may no longer access or use The Website or purchase additional products or services from Aggressive Credit Repair.
Email and other electronic communications (including communications through The Website) may not be secure and may pose a risk of being intercepted, altered, or accessed by those not a party to the Website Agreement. For that reason, Aggressive Credit Repair does not guarantee the security or confidentiality of any such electronic communications. As an express condition of the Website Agreement, you agree that all such electronic communications between you and Aggressive Credit Repair are not confidential and that you assume the risk (including any loss or damages) of such electronic communications with Aggressive Credit Repair. If you communicate with us by use of an agent, this provision extends to electronic communications with any such agent.
Aggressive Credit Repair may assign any of its rights or obligations, in whole or in part, in connection with the Website Agreement. You, however, may not assign any of your rights or obligations, in whole or in part, in connection with the Website Agreement without the express, written consent of Aggressive Credit Repair.
Enforcement of Website Agreement
Aggressive Credit Repair reserves the right to take any lawful action it deems necessary to enforce the Website Agreement and to protect The Website, and those accessing and using The Website. Such action may include, but is not limited to, suspending any account you may have with Aggressive Credit Repair or blocking access to The Website, reporting activity to law enforcement and others which Aggressive Credit Repair or those acting on its behalf, believe to be suspicious or unlawful, referring matters for prosecution, taking other legal action, and the sharing of any information in the possession of Aggressive Credit Repair (and others acting on its behalf) with law enforcement, governmental entities and officials, and others which Aggressive Credit Repair in its sole judgment, determines to be helpful or required to protect its interest or the rights of others. If Aggressive Credit Repair suspends any account you may have with it or blocks your access to The Website or any portion of The Website, you agree that you will not take any action to attempt to obviate or circumvent any such suspension or blocking – for example: creating a different account, using the account of another, or having another person access The Website for you.
Severability and Cy Pres
If any provision of the Website Agreement is determined to be unlawful or unenforceable by any arbitrator, court, or other person or entity entitled to make such a determination, all other provisions of the Website Agreement will remain in effect and shall be fully enforceable. In the case of any provision held to be unlawful or unenforceable by any arbitrator, court, or other person or entity entitled to make such a determination, if it can be made to be lawful or enforceable while retaining the provision’s plain intent by deletion or alteration of a term or phrase, then, to the extent allowed, such remediation of the provision shall take place with the remaining portions of the provision remaining in effect.