"79% of credit reports contain errors ....fixing them is no small task." - USA Today, September 28, 2005
MyCleanStart Member Benefit ProgramMyCleanStart REQUIREMENTS:1) Federal Law:Requires user to be 18 years of age or older Requires married individuals the option to apply for a separate account Requires us to obtain, verify, and record information that identifies each person who opens an account, in order to help the government fight the funding of terrorism and money laundering activities The member acknowledges that MyCleanStart adheres to the Federal Fair Credit Reporting Act. MyCleanStart, in performing services for its members, also seeks to have the credit bureaus and others who disseminate credit information adhere to the Federal Fair Credit Reporting Act The Federal E-Sign Act (HR-1714) on Final Digital Signature grants that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures; therefore, by completing MyCleanStart’s online Membership Agreement, the member certifies that its digital signature is the equivalent of its handwritten signature. Also, the member declares that it has read and understands all of this Membership Agreement, including "Your Rights as a Consumer," and agrees to and does sign each section of this Membership Agreement with its digital signature 2) To Process an Application for a New Account: We must have your name, street address, date of birth, and other identifying information, and we may ask for identifying documents from you as well It must be accurately completed It must be verifiably correct Offers are for a limited time. When responding to a limited time offer, we must receive your application by the expiration date 3) When applying for MyCleanStart: You are authorizing us to request credit bureau information for the purposes of processing your application for the debit card being offered to MyCleanStart members MyCleanStart MEMBERSHIP: General Terms of Use and Membership agreement Important: Please read thoroughly before joining as a member. MyCleanStart offers numerous Free and Paid Service Programs. If you wish to review these you may go to our web site for further information on services provided. The web site is inclusive of this Terms of Use and Membership Agreement. MyCleanStart Membership provides its members with the right to use MyCleanStart’s financial services, informational programs and products. In addition to these benefits, MyCleanStart also offers its members elective services. Additional charges and/or service fees may be applied for all or some of the elective services. Generally, MyCleanStart Membership lasts six (6) months, since the credit restoration process takes approximately six (6) months to complete. However, MyCleanStart DOES NOT guarantee that it will take either more or less than six (6) months to complete this process. The amount of time actually necessary to complete this process will vary greatly depending upon the members individual circumstances and the amount of items needing correction that can be rightly and legally challenged. In order to allow MyCleanStart to perform its responsibilities under this Agreement, the member agrees to sign and grant to MyCleanStart limited Power of Attorney (see below). As a member of MyCleanStart, the member also consents to provide MyCleanStart with such personal information as may be required by the credit reporting agencies, the member thereby waiving their right to privacy of the information provided, and authorizes MyCleanStart to correspond directly with the three (3) major credit reporting agencies, or any sub-agencies operating in smaller rural areas, in the member’s name to order the credit profiles and dispute (actions initiated by you) information therein. The credit reporting agency may directly give to the member the original profiles it has stored. The member agrees to mail all credit profiles or correspondence received from any credit reporting agency to MyCleanStart for review and processing within five (5) business days of receipt by the member. As a Member, you are entitled to access offers and discounts on services and products by participating vendor partners. By electing to redeem these specific offers and discounts you are accepting the Terms and Conditions of these participating vendors. The debit card is administered by PrivaCashand you are subject to their Terms and Conditions.CLICK here for PrivaCash prepaid Debit MasterCard card Terms MyCleanStart PRICING: There is a $<%=Session("fAmount")%> non-refundable debit card application fee when you sign-up You will get access to all of our FREE services, including your Credit Report(s) and Score(s) You have a 5-day right to cancel your membership and incur no charges Upon approval, which is instant, you agree the $<%=Session("fAmount")%> fee for the debit card issuance is non-refundable and will be charged immediately after you click "I Agree" Each dispute that the member chooses to have generated will cost $5.95 IMPORTANT: This fee is NOT part of ANY 5-day right to cancel MyCleanStart FEES and CHARGES: 1) BILLING: All charges for MyCleanStart services will be automatically charged to your credit card or debit card, or any other form of payment, that you specified upon membership enrollment The fee for each item of action (actions initiated by you) on member’s behalf is the appropriate fee established in accordance with your membership pricing plan you select per item. This fee shall be payable and charged to member upon issuance of such item of action (actions initiated by you) by MyCleanStart Additionally, you agree to send to MyCleanStart copies of any correspondence you may receive from any Credit Bureau credit report you receive while a member of MyCleanStart or within the two months from termination or cancellation, for any reason, of your membership. If you do not send MyCleanStart a copy of a credit report sent to you by any credit reporting agency or bureau within the required five day period from receipt, or sixty days subsequent to a dispute (actions initiated by you) letter sent to such credit reporting agency or bureau by MyCleanStart, MyCleanStart will deem that you have failed to send a copy of the report to MyCleanStart. In that event, you grant MyCleanStart consent to order new credit reports for you, giving MyCleanStart entitlement to use a bureau-approved merchant to accelerate the requisition of your credit reports Information provided from updated credit reports may be used by MyCleanStart to determine which previously disputed items were deleted, corrected or updated. In the event MyCleanStart discovers that services were provided but not billed, MyCleanStart shall have the right to charge such fees at any time after such discovery Any form of payment that you submitted or provided with your membership enrollment may be charged for services rendered by MyCleanStart. If any form of payment you supply is uncollectible for any reason, MyCleanStart may de-activate your account and charge you a $15.00 reactivation fee Your membership may be cancelled at any time following the procedures outlined in the Support section of the Member Home area. Please see right to cancel at the end of this Terms Agreement. 2) ESTIMATE OF TOTAL CHARGES: IMPORTANT: MyCleanStart charges for its paid services, including credit restoration and dispute services, are based on how many inaccurate, unverifiable and/or obsolete items appear on each of the three main consumer credit reports provided by the consumer credit reporting agencies (as listed above) Charges are also based on your response to MyCleanStart’s request that you view your credit report and determine action items to dispute As a consequence of MyCleanStart’s credit restoration services, MyCleanStart believes that, within six (6) months of disputing an item, most inaccurate, unverifiable and/or obsolete items will be either corrected or removed from member’s credit reports MyCleanStart believes that the standard number of action items taken by members on the average is eighteen (reporting agencies) If six (6) inaccurate, unverifiable or outdated items are disputed on each of member’s three credit reports, MyCleanStart would charge you a total of $125.10 ($5.95 x 6 x 3 = $125.10) This fee shall be payable upon the issuance of such action items (actions initiated by you) by MyCleanStart (the "Dispute Date") You agree to send to MyCleanStart a copy of any credit report you receive while a member of MyCleanStart or within the three months following termination or cancellation of your membership for any reason PLEASE NOTE ONLY INACCURATE, UNVERIFIABLE OR OUTDATED INFORMATION CAN BE REMOVED FROM A PERSON’S CREDIT PROFILE, WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS IF AND TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. THEREFORE, IT IS IMPORTANT THAT THE MEMBER REALIZES THAT NO ONE CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM THE MEMBER’S CONSUMER CREDIT PROFILE, INCLUDING MYCLEANSTART OR ANY OTHER CREDIT CARE SERVICE MyCleanStart BILLING PRODEDURES & DISPUTES: The member’s fees and any elective fees or charges will be automatically charged to the credit card or debit card or checking account that the member specified upon registration with MyCleanStart. MyCleanStart shall also have the right to charge fees for any services performed but not billed, in the unlikely event of such occurrence. If MyCleanStart is unable to collect on the member’s form of payment, for any reason, MyCleanStart may charge the member a dishonored payment fee of the lesser of $25.00 or the maximum rate permitted by applicable law. Occasionally, MyCleanStart may provide exclusive offers that may waive specific fees. If the member cancels within the five (5) day period from initial registration of membership with MyCleanStart, any fees charged and received will be refunded The member authorizes MyCleanStart’s official payment processing agent to collect payment by automatic credit card or debit card debit for services rendered, which the member agrees not to report any credit card as lost or stolen that the member has used in conjunction with payment to MyCleanStart, or to report any charge by MyCleanStart on the member’s credit card as unauthorized, for any services for which the member does not have good reason to believe are, in fact, unauthorized or believe such card is not lost or stolen. The member hereby agrees to it shall be liable to MyCleanStart for liquidated damages of the lesser of the maximum liquidated damages permitted by law in this incident, or $1,500.00, for any such fraudulent reporting of a charge by MyCleanStart as unauthorized, or any fraudulent reporting, without limitation, of "chargeback" requests or of a lost or stolen credit card used to pay for MyCleanStart services, which has been made by the member or anyone under the member’s influence at a time when a charge or other obligation for payment for merchandise and/or services to the website remains .unresolved. The charge for liquidated damages specified in this paragraph shall not limit any other liability the member may have for violation(s) of any other terms, conditions, promises and warranties set forth in this Agreement. The member agrees and acknowledges that this liquidated damages stipulation is reasonable in view of the fact that untrue allegations of falsified charges on a credit card damages MyCleanStart’s character and standing with its banks, payment processors and other service providers, and that unwarranted charge backs are an unwarranted expense to MyCleanStart MyCleanStart, in performing services for its members, seeks to have the credit bureaus and others who broadcast credit information comply with the federal Fair Credit Reporting Act. No entity, including MyCleanStart, can guarantee the credit bureaus will amend, update or, if appropriate, remove or delete, unfavorable credit information, even though it may be true and correct and not obsolete. The member agrees to inform MyCleanStart of any negative but accurate information on the member’s credit report in order to avoid inadvertently disputing such information. In addition, the member will be notified by email when its credit report is posted to the member’s account and available for review. The member thereby agrees upon receiving such email that the member will promptly review the credit report and inform MyCleanStart of the items the member wants disputed or does not want disputed (actions initiated by you). The member agrees that no request will be given to MyCleanStart by the member to dispute (actions initiated by you) anything known by the member to be accurate or current In addition to membership benefits, MyCleanStart provides credit restoration services to its members. Credit restoration services (as described below) are charged for the actual work provided by MyCleanStart. Accordingly, MyCleanStart will charge you the applicable fee ($5.95) per disputed item (actions initiated by you) on your credit report. You will not be charged any additional fee for any items deleted. See below for more details on this fee Any dispute arising hereunder or related to services provided by MyCleanStart shall be governed by Florida law and resolved by binding arbitration under the commercial arbitration rules of the American Arbitration Association, and jurisdiction and venue shall be in Volusia County, Florida. This means that the arbitration will be held in Volusia County Florida. Member acknowledges that the maximum compensation shall be limited to any charges made by MyCleanStart to members payment method(s) for a maximum of twelve (12) previous months. MyCleanStart CANCELLATIONS and REFUNDS: A member may cancel its membership at any time by sending written notification to MyCleanStart of the member’s intention to cancel. You may cancel this contract, without any penalty or obligation, within five (5) calendar days from the date the contract is signed AND INCUR NO CHARGES. All fees are non-refundable, unless the member cancels its membership within the five-day initial signup or renewal period, as described below. CLICK HERE for CANCELLATION DOCUMENT that must be completely filled out for accurate cancellation and security purposes The Member agrees to pay any accumulated, unbilled charges or fees to its MyCleanStart account through the date of cancellation, at the time of cancellation, provided the member has not cancelled within the five-day period from initial signup or any renewal. This signifies that the member, the purchaser, may cancel this Agreement at any time prior to midnight of the fifth day after the date of its purchase or renewal of a membership, for any or no reason, without liability for any charges during that membership The only exception to our non-refund policy is if Member provides written cancellation of its membership and MyCleanStart receives it prior to the expiration of your five-day cooling off period. If Member cancels its membership at any time within five days following the purchase of a membership (or renewal of a membership), within 15 days we will issue a refund for all fees Member has paid during the membership that was cancelled. This means that Member, the purchaser, may cancel this contract at any time prior to midnight of the fifth day after the date of purchase or renewal of a membership, for any reason or no reason, without any liability for any charges during that membership. See the Notice of Cancellation form for an explanation of this right To assist MyCleanStart in properly assessing any accrued fees due, Member agrees to send to MyCleanStart a copy of any credit report received while a member of MyCleanStart or within the three (3) months following termination or cancellation of Member’s membership for any reason, within five (5) business days of Member’s receipt of such report MyCleanStart LIMITED POWER OF ATTORNEY: MyCleanStart, its employees, agents, subcontractors and assignees are hereby granted authorization by the member to perform or engage in any act on behalf of the member related to incorrect, unverifiable or obsolete information contained in the member’s personal credit profile, including, without limitation, the right to acquire the member’s credit reports and profiles from credit reporting agencies and credit bureaus The member further grants to MyCleanStart, full power and authority to perform every act necessary and proper in the exercise of any of the powers granted hereunder as fully as the member might or would do if the member were personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney in fact shall lawfully do or cause to be done by virtue hereof MyCleanStart, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement. Such specific acts shall involve MyCleanStart’s periodic ordering the member’s consumer credit reports, and may also include written and oral communications on the member’s behalf in connection with disputes and negotiations with various agencies and entities such as, but not limited to, credit reporting agencies, credit bureaus, creditors and collection agencies circulating credit information relating to the member. The member specifically waives the s right to privacy regarding those communications between MyCleanStart and the various agencies and entities disseminating credit data regarding the member. The member can elect to notify MyCleanStart of specific accounts for dispute if verification requests do not result in the removal of inaccurate, outdated or unverifiable item(s) Once the member enrolls for MyCleanStart’s credit restoration service, the member’s credit report will be evaluated by MyCleanStart to ascertain which items are negative or disparaging, if any. Because the Fair Credit Reporting Act requires credit reporting agencies to update, correct or, if appropriate, remove, inaccurate, obsolete or unverifiable information in a consumer's credit report, the member authorizes MyCleanStart to order the member’s consumer credit reports to verify and dispute (actions initiated by you) all negative credit items, including inquiries, and those items determined by MyCleanStart to potentially have a negative impact on the member’s credit rating, including disputes carried out for the purpose of determining whether the information is verifiable. If there is any derogatory information the member feels is accurate and not obsolete, and the member does not want MyCleanStart to ask the credit reporting agencies to attempt to verify the information, the member needs to inform MyCleanStart by sending an email to MyCleanStart within five (5) days of the member’s initial membership registration On occasion, credit reporting agencies may refuse to honor the provisions of the power of attorney granted to MyCleanStart by the member, as set forth above, and will consequently send a letter to the member stating that they will not honor the dispute letter sent by MyCleanStart on the member’s behalf. Even though MyCleanStart considers this action by the credit reporting agencies a violation of the Fair Credit Reporting act provisions, in such case, the member is encouraged to print out the Power of Attorney available on MyCleanStart's website and provide MyCleanStart with a notarized or acknowledged executed, original Power of Attorney. MyCleanStart believes, in such case, that the credit reporting agencies are more likely to honor the original power of attorney and will likely comply with their obligations under the Fair Credit Reporting Act MyCleanStart PROGRAM RESULTS: RESULTS NOT GUARANTEED: While MyCleanStart is experiencing a high success rate using methods based upon proven technique, MyCleanStart does not guarantee a success rate to the member. The amount of time needed to complete a typical credit restoration and management program varies for each individual member; however the typical amount of time is six (6) months MyCleanStart is not liable for the actions of any companies in partnership with, or which provide services at the request of, MyCleanStart, and the member shall not hold MyCleanStart liable for any changes in the member’s credit profile which may have an adverse affect on the member’s credit rating MyCleanStart does NOT guarantee a success rate. Its methods are based upon procedures that have been found to have a high success rate. The length of time necessary varies from member to member but the average time estimated to successfully complete our services is six (6) months The Internet is the primary medium for MyCleanStart. MyCleanStart’s worldwide website is http://www.MyCleanStart.com. All pertinent information is contained therein MyCleanStart HOLD HARMLESS POLICY: The member hereby agrees to indemnify, defend and hold MyCleanStart and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by the member of these Terms of Use or the foregoing representations, warranties and covenants. MyCleanStart, at its own expense, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the member, and the member shall cooperate as fully as reasonably required in the defense of any claim, and not in any event resolve any matter without the written consent of MyCleanStart GOVERNING LAWS: This Agreement shall be subject to and construed in accordance with the laws of the State of FLORIDA, excluding its conflict of law principals. If the member needs to serve MyCleanStart with process, the name and address of MyCleanStart’s agent for service of process is the same as the address given in the Contact Us section ARBITRATION: Any dispute (actions initiated by you) arising hereunder shall be resolved by binding arbitration under the American Arbitration commercial arbitration rules. To the extent permitted by applicable law, any liability of MyCleanStart hereunder shall be limited to the actual membership fees and charges paid by the member. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provision in this Agreement or any other agreement between the parties, the provisions of this Agreement shall prevail in the event of any conflict, and all non-conflicting terms and conditions contained in any other such agreement are incorporated herein by this reference MyCleanStart DISCLAIMERS and WAIVER: The member understands that no one, including MyCleanStart nor any other credit restoration service, can remove accurate and current information from the member’s consumer credit profile, and the member also understands that MyCleanStart, nor any other entity, can guarantee nor promise that the credit bureaus will update, remove or delete adverse credit information, which is accurate and not obsolete. The member may not make, and MyCleanStart may not make on the member’s behalf, any untrue or misleading statement to a consumer agency. In order to prevent unintentionally disputing accurate items on the member’s credit report, within five (5) days following its membership purchase date, the member agrees to notify MyCleanStart of any negative but accurate information on the member’s credit report that MyCleanStart should not dispute (actions initiated by you). The member may inform MyCleanStart of such information by sending an email to support@MyCleanStart.com, or sending a letter to MyCleanStart Customer Service. Please reference our web site under the Contact Us section for our address IMPORTANT: MYCLEANSTART AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN MYCLEANSTART’S WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MYCLEANSTARTAND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MYCLEANSTART OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (OR, WITH RESPECT TO USE OF INFORMATION CONTAINED ON MYCLEANSTART’S OR ITS AFFILIATES’ WEBSITES, ANY DAMAGES WHATSOEVER), INCLUDING THOSE RESULTING FROM DELAY, INACCURATE INFORMATION OR DATA, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED IN MYCLEANSTART’S OR ITS AFFILIATES WEBSITES, OR FROM MYCLEANSTART’S PROVIDING THE SERVICES HEREUNDER WAIVER: THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY AND THAT ANY PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THIS AGREEMENT OR ANY OF THE CONTEMPLATED SERVICES DESCRIBED HEREIN OR ON OUR WEBSITE SHALL INSTEAD BE RESOLVED AS SET FORTH ABOVE. BY AGREEING TO THESE TERMS AND CLICKING THE “FINISH” BUTTON ABOVE, YOU ACKNOWLEDGE THAT THIS AGREEMENT TO ARBITRATE OR SUBMIT TO COURT TRIAL WITHOUT JURY RESULTS IN WAIVER OF YOUR RIGHT TO A JURY TRIAL FOR ANY DISPUTE (ACTIONS INITIATED BY YOU) OR ANY OTHER CLAIM MyCleanStart CONTACT INFORMATION: MyCleanStart, Inc 2607 S Woodland Blvd, #118 DeLand, FL 32720 Phone and Fax: 813-600-6967 © Copyright MyCleanStart, Inc. ™ All Rights Reserved ================================================ Consumer Credit File Rights Under State and Federal Law You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any "credit care" company or credit care organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over seven (7) years old. Bankruptcy information can be reported for ten (10) years. You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, 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 sixty (60) days. The credit bureau must provide someone to help you interpret the information in your credit file. You are 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. You have a right to sue a credit care organization that violates the C.R.O.A.. This law prohibits deceptive practices by credit care organizations. You have the right to cancel your contract with any credit care organization for any reason within 3 business days from the date you signed it. (NOTE: MyCleanStart applies the rules and regulations regarding your right to cancel under the Federal Credit Services Organization Act, which provides you with a period of five (5) days to cancel for any reason, or no reason at all, without any liability, cost or penalty.) Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. The Federal Trade Commission regulates credit bureaus and credit care organizations. Member acknowledges MyCleanStart must and does adhere to the Federal Fair Credit Reporting Act (FCRA) and all Florida applicable statutes. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580 MyCleanStart shall be liable only for actual damages. If you need to serve us with process, the name and address of our agent for service of process is the address contained in our web site under Contact Us. That is our principal business address as well. To submit a claim against MyCleanStart, please submit to that address. Continue my membership so I receive my credit report and score every 90 days for just $4.95/month. Yes No