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| TERMS AND
CONDITIONS |
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| 1stCreditImprove
Retail Installment Contract |
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| This 1stCreditImprove
Program Agreement (this “Agreement”) sets forth the agreement between you and
IPCS, LLC, a Texas company (“IPCS”) regarding the terms and conditions of the
1stCreditImprove Program. In this Agreement, the terms “we”, “our” or “us”
shall refer to IPCS. |
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| Description of the
1stCreditImprove Program. The 1st CreditImprove Program is
designed to offer a cost-effective way for consumers to potentially increase
their credit score or to establish a credit file for the first time, by
agreeing to register and repay a 12-month obligation to us. In turn, we will
report to TransUnion®---“the Credit Reporting Bureau”---your timely payment to
us of each Repayment (as defined below).
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| Payments and Billing.
The cost of the 1stCreditImprove Program is
$0.00
. A portion of the cost of the 1stCreditImprove Program has been financed by
us, and you have agreed to repay this liability by making a series of payments
to us over the course of 12 payments, twice a month, (each, a “Repayment”).
Thus, your Repayment for 12 payments is
per payment. The annual percentage rate on this program is zero percent. Note
that this total cost includes the registration fee of
$0.00
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| *As a general rule, the
first Repayment will be due approximately 30 days following your initial
registration payment day in the 1st CreditImprove program. This payment date is
listed on your initial sales receipt. What this means, for purposes of example
only, is that if your first, Registration payment in the 1stCreditImprove
Program is March 10th, the next Repayment is due on the 10th of April.
Successive Repayments are due every month thereafter, up to 12 Repayments. Once
the 12th Repayment has been received, you have successfully completed the
Program and its’ obligations.
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| Recurring Payment.
I hereby authorize 1stCreditImprove, during the period that I am enrolled in
the 1stCreditImprove Program, to initiate debit/credit entries due (Repayment,
as described above) to my account for all Repayments due from the credit, debit
or prepaid card or bank account I provided to 1stCreditImprove at the time that
I enrolled in the 1stCreditImprove Program, including any returned unpaid item
fees due, on which the subject of this agreement is drawn and the Financial
Institution at which the account is held to debit/credit the same to such
account. If I close the credit, debit or prepaid card or bank account from
which the Repayment is to be made, I will notify 1stCreditImprove by calling
1stCreditImprove toll free at 1-800-597-4130 at least fifteen (15) days prior
to the day that my Repayment is due (as described above) of the new account
from which I will make the Repayment. This authority is to remain in full force
and effect until 1stCreditImprove and the subject Financial Institution have
received written notification from me of termination, in such time and in such
manner as to afford 1stCreditImprove and the Financial Institution a reasonable
opportunity to act on it (at least fifteen (15) business days prior to the
Repayment due date). If 1stCreditImprove is unable to charge a Repayment to the
account provided to 1stCreditImprove, we reserve the right to electronically
debit your account if the Repayment comes back dishonored, plus a $30
processing fee. 1stCreditImprove will attempt to do so on a continuous basis
until such time as we successfully collect the Repayment. I further understand
that canceling my authorization does not relieve me of the responsibility of
paying all amounts, due in full.
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| Reporting 1stCreditImprove
Program Activity to Credit Reporting Bureau. We will report to
the Credit Reporting Bureau—TransUnion—your timely payment to us of each
Repayment. We will also report to the Credit Reporting Bureau any late payment
due to your failure to make your Repayment on its due date.
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| Electronic Delivery of
Information & Contact Information. You consent to receiving
all information regarding the 1stCreditImprove Program solely in electronic
format. We will provide all information to you regarding the 1stCreditImprove
Program via e-mail at the e-mail address you specify at the time you enroll in
the 1stCreditImprove Program. You also confirm that your computer satisfies the
hardware and software requirements for receiving, accessing, displaying,
printing, and storing copies of such information, and you confirm that your
have provided us with, and will maintain, a current e-mail address for
receiving 1stCreditImprove Program information, and that you will notify us of
any change to your current e-mail address. If you have any questions about the
1stCreditImprove Program, please visit our website at
www.1stCreditImprove.com, or call us at 1-800-597-4130. You may also
write to us at 1stCreditImprove Program, Customer Service Department, P.O. Box
11531, Houston, Texas 77391.
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| Information Rights.
By submitting your personal information to IPCS you are agreeing to allow IPCS
to use your personal information for any legal purpose including, without
limitation: a) providing offers to you via telemarketing, direct mail or other
marketing channels, b) transferring the personal information that you provide
to a third party, for you to receive a product, service, or information from
such third party; c) tracking compliance with our Terms and Conditions; and d)
for validation, suppression, content and feedback purposes.
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| Governing Law.
All matters, whether sounding in contract, tort or otherwise, relating to the
validity, construction, interpretation or enforcement of this Agreement shall
be determined by the law of the State of Texas, without regard to the conflicts
of laws provisions thereof.
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| Consent to Jurisdiction.
Subject to the arbitration provision set forth below, you consent and submit to
the exclusive jurisdiction of the state and federal courts located in Houston,
Texas in all controversies arising out of or in connection with this Agreement.
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| Entire Agreement.
This Agreement sets forth the entire understanding and agreement between you
and us, whether written or oral, with respect to the subject matter hereof and
supersedes any prior or contemporaneous understandings or agreements with
respect to the subject matter hereof.
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| Section Headings.
Section headings in this Agreement are for convenience of reference only, and
shall not govern the interpretation of any provision of this Agreement.
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| Limitation of Liability.
EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE
WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION
UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE
FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM
ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF
GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS
TERRORISM, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES
WITH OUR EQUIPMENT OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET
SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT
WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITILED TO RECOVER YOUR ACTUAL
DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR
OTHERWISE), EVEN IF YOU AVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
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| Arbitration. This
arbitration provision (“Provision”) governs when and how disputes will be
arbitrated outside the court system. This Provision covers all Claims (defined
below), except we will not elect to arbitrate an individual Claim brought in
small claims court, unless that Claim is transferred or appealed to a different
court.
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| “Claim” means any dispute
between you and us that arises from or relates in any way to the
1stCreditImprove program, and includes disputes based on constitutional
provisions, statues, regulations, contracts and acts of every type (whether
intentional, fraudulent, reckless, or negligent). It includes disputes that
seek relief of any type, including equitable relief or damages. “Administrator”
means the American Arbitration Association, 335 Madison Avenue, New York, NY
10017, www.adr.org.
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| To start an arbitration, you
or we must give written notice of an election to arbitrate a Claim. This notice
can be given after a lawsuit begins and can be given in papers filed in the
lawsuit. If such a notice is given, the Claim shall be resolved by arbitration
under this Provision and the rules of the Administrator. The arbitrator will be
selected under the Administrator’s rules, except that the arbitrator must be a
lawyer with at least ten years of experience or a retired judge unless you and
we agree otherwise.
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| IF YOU OR WE ELECT TO
ARBITRATE A CLAIM YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR
HAVE A JURYDECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US
AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS
THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES
CHARGED BY A COURT. IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) YOU MAY NOT
PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS
A REPRESENTATIVE OR CLASS MEMBER; (2) YOU MAY NOT ACT AS A PRIVATE ATTORNEY
GENERAL IN COURT OR IN THE ARBITRATION; AND (3) CLAIMS BROUGHT BY OR AGAINST
OTHER ENROLLEES IN THE 1stCreditImprove MAY NOT BE JOINED OR CONSOLIDATED WITH
CLAIMS BROUGHT BY OR AGAINST ANY OTHER ENROLLEES IN THE 1stCreditImprove
PROGRAM.
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| Any arbitration hearing that
you attend will take place in the federal district where you live. If you
cannot afford the Administrator’s fees or you believe that they are too high,
we will consider any reasonable written request for us to bear the cost. Each
party must pay for its own attorneys, experts and witnesses, regardless of who
wins the arbitration, except where applicable law, this Provision and/or the
Administrator’s rules provide otherwise. We will pay any fees or expenses we
are required to pay by law.
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| This Agreement involves
interstate commerce, and this Provision is governed by the Federal Arbitration
Act (the “FAA”), 9 U.S.C. Section 1, et seq., and not by any state law
concerning arbitration. The arbitrator must follow the applicable law related
to any Claim, statutes of limitations, and claims of privilege. Upon the timely
request of either party, the arbitrator must write a brief explanation of the
rules; federal, state or local rules of procedure and evidence will not apply.
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| In addition to the parties’
rights to obtain information under the Administrator’s rules, either party may
ask the arbitrator for more information from the other party.
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| Any appropriate court may
enter judgment upon the arbitrator’s award. The arbitrator’s decision will be
final and binding, except for (1) any appeal right under the FAA and (2) Claims
involving more than $100,000. For the latter, any party may appeal the award to
a three-arbitrator panel appointed by the Administrator, which will reconsider
from the start any aspect of the initial award that is appealed. The panel’s
decision will be final and binding, except for any appeal right under the FAA.
Unless applicable law provides otherwise, the appealing party will pay the
appeal’s costs, regardless of its outcome. However, we will consider any
reasonable written request for us to bear the cost. If any portion of this
Provision cannot be enforced, the rest of the Provision will continue to apply.
In the event of any conflict or inconsistency between this Provision, and the
Administrator’s rules or other provisions of this Agreement, this Provision
will govern.
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| Business Days.
Our business days are Monday through Friday, excluding federal and legal
banking holidays in the state of Texas.
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| Change of Terms.
Subject to the limitations of applicable law, we may at any time change or
remove any of the terms and conditions of, or add new terms or conditions to,
this Agreement. We will send notice of any such change to you by electronic
mail to your current e-mail address listed on our books and records. As of the
effective date included in any notice, the changed or new terms will apply to
the 1stCreditImprove Program. Notwithstanding the foregoing, advance notice of
any change may not be given if it is necessary to make any such change
immediately in order to maintain or restore the security of the
1stCreditImprove Program. If any such change becomes permanent and disclosure
to you of the change would not jeopardize the security of the 1stCreditImprove
Program, notice will be provided to you within thirty (30) days of making the
change.
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| State Law Disclosures
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| Notice to Georgia Residents.
NOTICE TO BUYER: DO NOT SIGN THIS BEFORE YOU READ IT OR IF IT CONTAINS ANY
BLANK SPACES. YOU ARE ENTITLED TO AN EXACT COPY OF THE PAPER YOU SIGN.
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Notice to Iowa and Kansas
Residents. NOTICE TO CONSUMER:
--DO NOT SIGN THIS PAPER BEFORE YOU READ IT.
--YOU ARE ENTITLED TO A COPY OF THIS PAPER. SIGN.
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Notice to New Jersey
Residents. NOTICE TO RETAIL BUYER:
--DO NOT SIGN THIS CONTRACT IN BLANK.
--YOU ARE ENTITLED TO A COPY OF THE CONTRACT AT THE TIME YOU
SIGN.
--KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
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Notice to Massachusetts
Residents. NOTICE TO BUYER:
--DO NOT SIGN THIS AGREEMENT IF ANY OF THE SPACES INTENDED
FOR THE AGREED TERMS TO THE EXTENT OF THEN
AVAILABLE INFORMATION ARE LEFT BLANK.
--YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME
YOU SIGN IT.
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