Service Agreement

Consumer Credit File Rights Under State and Federal Law.

This DISCLOSURE STATEMENT AND NOTICE OF CANCELLATION is intended to accompany the Credit Audit and Verification Service Agreement and by this reference, is made a part thereof.

CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW: Regarding Credit Bureaus: You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any credit repair company or credit repair 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 7 years old. Bankruptcy information can be reported for 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 60 days (30 days for residents of MN, NY, PA, and WV). 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. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. We do not remove accurate items.

You may, on your own, notify a credit bureau directly 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.

Regarding Credit Services Organizations and Academy Credit ("AC"): You ("Member") have a right to sue a credit repair organization that violates the Credit Repair Organization Act or any corresponding state act (usually called Credit Services Organization Act or Credit Repair Organization Act). This law, as well as the corresponding state laws, prohibits deceptive practices by credit services organizations.

The Federal Trade Commission regulates credit bureaus and credit services organizations. For more information contact:

        The Public Reference Branch
        Federal Trade Commission
        Washington, D.C. 20580

You have the right to cancel The Service Agreement/Contract with any credit repair organization for any reason before midnight of the third day from the date you signed the Service Agreement.


Separate Notice of Cancellation Form (Pursuant to Federal and State Statutes):

NOTICE OF CANCELLATION

Academy Credit allows you to cancel The Service Agreement at any time without penalty or future obligation and federal law requires that you be given two Notices of Cancellation:

You may cancel The Service Agreement, without any penalty or obligation, within the first five (5) days, which begins on the date The Service Agreement was entered into, the Member is entitled to a complete refund of any funds paid to Academy Credit. Member understands and acknowledges that the Initial Setup Fee is non-refundable after the five (5) days grace period Expires, which begins on the date The Service Agreement was signed.

To cancel The Service Agreement, mail or deliver a signed dated copy of this Notice of Cancellation, or any other written notice to:

        Academy Credit, LLC.
        1438 N. Highway 89, Suite 120,
        Farmington, UT 84025.
        Fax 801-451-0829
        Email: noticeofcancellation@academycredit.com
         accounting@academycredit.com

I hereby cancel this transaction.
_____________________ _________________
Print Name Phone Number

_____________________ _________________
Signature Date



Duplicate Copy of Separate Notice of Cancellation Form (Pursuant to Federal and State Statutes):

NOTICE OF CANCELLATION

Academy Credit allows you to cancel The Service Agreement at any time without penalty or future obligation and federal law requires that you be given two Notices of Cancellation:

You may cancel The Service Agreement, without any penalty or obligation, within the first five (5) days, which begins on the date The Service Agreement was entered into, the Member is entitled to a complete refund of any funds paid to Academy Credit. Member understands and acknowledges that the Initial Setup Fee is non-refundable after the five (5) days grace period Expires, which begins on the date The Service Agreement was signed.

To cancel The Service Agreement, mail or deliver a signed dated copy of this Notice of Cancellation, or any other written notice to:

        Academy Credit, LLC.
        1438 N. Highway 89, Suite 120,
        Farmington, UT 84025.
        Fax 801-451-0829
        Email: noticeofcancellation@academycredit.com
         accounting@academycredit.com

I hereby cancel this transaction.
_____________________ _________________
Print Name Phone Number

_____________________ _________________
Signature Date



SPECIFIC STATE DISCLOSURES (Applicable to residents of the referenced states. If no numerical reference is made next to the state abbreviation, ALL disclosures that follow apply for that state):

You also have the right to contact your own state authorities that regulate credit bureaus and credit services organizations.

Definitions: All State references to credit reporting organizations are renamed herein as credit bureaus; all State references to credit repair organizations are renamed herein as credit services organizations. Note: Certain States require a statement by AC informing the consumer about AC obtaining and maintaining a bond and a place of business within the State. However, due to the fact that AC does not require a Contract for any duration of time with the consumer and the fact that AC bills consumers only after services are completed each month, AC and certain subcontractors do not maintain a bond or a place of business in any State other than Utah.

AZ, AR, DE(1), IN, IL(5), MA, MD, MO, NB, OK, OR, NH, PA(5), TX(5), WA, UT: Regarding Credit Bureaus: (1) The credit bureau must provide a complete and accurate statement of the consumer's right to review any file, as reported in the Fair Credit Reporting Act (15 USC � 1681 et seq); (2) the credit bureau must provide a statement that a review at no charge will be conducted on the consumer's credit report from which a credit denial is based if requested within thirty (30) days of the consumer receiving a notice of credit denial; (3) the credit bureau must provide the approximate price the consumer will be charged for a copy of his or her credit report; (4) the credit bureau must provide a complete and accurate statement of the consumer's right to dispute the completeness and accuracy of any item contained in any file on the consumer maintained by the credit bureau;

Regarding Credit Services Organizations and AC: (5) AC provides a complete and detailed description of the services performed and the total fees charged by AC within the Credit Report Audit Verification, Service Agreement accompanying this disclosure statement, and by this reference, made a part of this Disclosure Statement.

CA, IN(4), KS(4), LA(4), MO(4), NB(4), WV(4): Regarding Credit Bureaus: (1) You may be charged a reasonable fee not exceeding eight dollars ($8) for a credit report; Regarding Credit Services Organizations and AC: (2) Neither you nor any credit services organization has the right to have accurate, current, and verifiable information removed from your credit report; (2) If for any reason, you cancel the Service Agreement with the credit services organization within the three days from the date you signed the Service Agreement, you do not owe any money; (3) You have a right to sue a credit services organization if it misleads you; (4) You have the right to obtain the services of a nonprofit credit counseling service which may be able to assist you in your credit matters.

CO: Regarding Credit Bureaus: (1) Even when a debt has been completely repaid, your credit report can reflect that the debt was paid late if that is accurate.

FL, KS, MD, MO, NB, and WV: Regarding Credit Services Organization and AC: Accurate information cannot be permanently removed from the files of a credit bureau.

IL, KS, MD, MA: Regarding Credit Bureaus: You have the right to review your credit report at no charge if a request is made to the credit bureau within thirty days after receipt by you of notice that credit has been denied. If such request is not made within the allotted time, the credit bureau must provide the approximate charge to you for a copy of your credit report for your review (For MD residents, a maximum fee of $5 may be charged).

NY: Regarding Credit Bureaus: If reinvestigation of your report by the credit bureau does not resolve the dispute to your satisfaction, you may enter a statement of one hundred words or less in your file, explaining why you think the record is inaccurate. The credit bureau must include your statement about disputed data - or a coded version of it - with any reports it issues about you. New York law also provides that, at your request, the credit bureau must notify any person who has received a report in the previous year that an error existed and furnish such person with the corrected information. TIME LIMITS ON ADVERSE DATA: Most kinds of information in your file may be reported for a period of seven years. If you have declared personal bankruptcy, however, that fact may be reported for ten years. After seven or ten years, the information can't be disclosed by a credit bureau unless you are being investigated for a credit application of $50,000 or more, for an application to purchase life insurance of $50,000 or more, or for employment at an annual salary of $25,000 or more.

UT: Regarding Credit Services Organizations and AC: (1) You have the right to proceed against our irrevocable line of credit, established by Academy Credit within the state of Utah; (2) The irrevocable line of credit issued with First National Bank of Utah, 480 E 400 S Ste 100, Salt Lake City, UT 84111.



Digital Signature

E-sign grants electronic signatures and documents equivalent legal status as traditional handwritten signatures. By completing our Enrollment you are digitally agreeing to The Service Agreement, you are certifying that your digital signature is the equivalent of your handwritten signature. Furthermore, you agree that you have read all of the Terms and Conditions and The Service Agreement and are signing each section of The Service Agreement with your digital signature. You further agree that you understand The Service Agreement and have read "Your Rights as a Consumer".

DISCLOSURE STATEMENT AND RIGHT TO CANCEL

Accompanying The Service Agreement, and by this reference, made part of The Service Agreement, is the "Disclosure statement and Notice of Cancellation." The Disclosure statement must be read and signed (see digital signature) by you before The Service Agreement is deemed valid and AC can commence services for you. In addition, the Notice of Cancellation provides to you the right to cancel The Service Agreement without penalty or obligation at any time before midnight of the fifth (5th) day which begins on the date in which you signed The Service Agreement.

Limited Power of Attorney

Member gives and grants to AC, subcontractors and/or assignees, full power and authority to do and perform every act necessary and proper in the exercise of any of the powers granted hereunder as fully as I might or would do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney in fact shall lawfully do or cause to be done by virtue hereof. Member empowers AC, its employees, agents, subcontractors and assignees to perform or engage in any act on behalf of Member. Further, if a debt adjustment Contract has been entered into by Member, Member empowers AC, its employees, agents, subcontractors and assignees to perform or engage in any act on behalf of Member related to debt negotiation. The specific acts necessary to accomplish the purpose of The Service Agreement shall be at the sole discretion of Academy Credit's professional judgment. The specific acts shall require periodic ordering of Member's consumer credit reports by Member. The specific acts may include written and oral communications regarding disputes and negotiations with various agencies and entities disseminating credit data concerning Member. The various agencies and entities include but are not limited to, credit bureaus, creditors and collection agencies. Member authorizes AC, to order Member's consumer credit reports. Member specifically waives his or her right to privacy regarding those communications between AC, and the various agencies and entities disseminating credit data regarding member. I authorize AC to pull my credit for the purpose of checking to see if I qualify for additional financial services. Only I can give authorization to accept additional financial services.

LETTERS OF APPEAL

Member has executed a power of attorney to AC to create and sign correspondence on Member's behalf to communicate Member's claims of inaccurate, untimely or unverifiable information to the credit bureaus. That AC provides an audit verification letter writing service which Challenges negative items on Member's credit reports. Member Understands And agrees that AC does not guarantee that any verified accurate item can or will be removed from Member's credit report. Member understands and agrees that dispute letters drafted, signed and mailed on your behalf and/or in your name by Academy Credit are proprietary to Academy Credit and will not be kept as part of your client file and will not be disclosed to Member�s.

LIMITATIONS OF REPRESENTATION

The scope of this service is limited to representations described herein and understands that �AC� does not include representation or counsel interpreting the laws of Member's State. Member understands that Member should consult an attorney in Member's State to receive such an opinion. By signing The Service Agreement, Member acknowledges that member has read, understands and agrees to all the terms and conditions of The Service Agreement. Member further agrees that if any term or condition of The Service Agreement is invalidated or found to be void that the remaining terms shall remain in full force and effect. Finally, Member agrees to release AC and/or it�s subcontractors and assignees from any liability created by the limitations of the representations identified in The Service Agreement.

DISCLAIMER

I, the Member, understand and agree to the following disclaimers:
        a) I understand that the services detailed in The Service Agreement may create renewed or increased action on the part of my creditors if there are outstanding obligations. I further understand that AC does not represent me with regard to outstanding obligations to creditors unless both AC and I agree to such representation in writing and with a separate retainer and payment schedule.
        b) I understand that the services detailed in The Service Agreement may result in the removal of positive listings of credit from my consumer credit reports and I agree not to make any claim against AC or subcontractors as a result of this removal. I further understand that I may contact these creditors at the completion of my case and request that they re-report the positive listings.

TERM

The terms of The Service Agreement are on a month to month Basis with automatic renewal each month. The Service Agreement can be canceled at anytime for any reason by submitting a Notice of Cancellation. (See Notice of Cancellation)

Arbitration

Any claim arising out of or relating to The Service Agreement or Academy Credit Services, or the enforceability or scope of this arbitration provision, or the enforceability of The Service Agreement, shall be settled by binding arbitration on an individual basis and not consolidated with any other person's claim. The arbitration shall be conducted through and in accordance with the commercial arbitration rules of the American Arbitration Association. For a copy of their procedures, contact the American Arbitration Association at www.adr.org. The arbitrator's decision will be final and binding except for any appeal rights under the Federal Arbitration Act. To the maximum degree available, the arbitration shall be conducted solely and exclusively in Davis County, Utah.

IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS SERVICE AGREEMENT, NEITHER THE MEMBER NOR ACADEMY CREDIT SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PRE HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE MEMBER NOR ACADEMY CREDIT SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER MEMBERS OF ACADEMY CREDIT WITH RESPECT TO THEIR SERVICE AGREEMENTS WITH ACADEMY CREDIT OR ACADEMY CREDIT�S SERVICES, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If the arbitration clause above is held not to be enforceable by any court or through any arbitration proceeding, then to that extent, any legal or equitable action concerning this Service Agreement that involves the Service Agreement or Academy Credit�s services shall be initiated and conducted only in the State or federal courts in DAVIS COUNTY, UTAH, on an individual basis and not consolidated with any other person's claim. Both parties (You the Member and �AC� ACADEMY CREDIT) agree to submit to the exclusive personal jurisdiction of those courts.

Applicable Law and Jurisdiction

The Service Agreement is made in Davis County, State of Utah, United States of America. The Service Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to The Service Agreement, including application and/or interpretation of the arbitration provision, or Academy Credit's services shall be an appropriate State of federal court located in Davis County in the State of Utah.

Joinder and Class Action

No dispute concerning The Service Agreement or Academy Credit�s services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class-wide basis.

Prevailing Party

If any litigation or other proceeding is brought by either party in connection with this Service Agreement or Academy Credit�s services, the prevailing party in the litigation or other proceeding is entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.

Severability

In the event that any part of or all of any one or more of the provisions contained in The Service Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and The Service Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

Indemnification

The Member agrees to defend, indemnify and hold Academy Credit and its members, managers, employees, subcontractors, assignees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of Academy Credit's provision of services to the Member under The Service Agreement or the Member�s breach of The Service Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of Academy Credit's gross negligence or willful misconduct. The Member further agrees to pay Academy Credit's reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under The Service Agreement.

Entire Service Agreement

The Service Agreement represents the entire Service Agreement of the parties hereto with respect to the subject matter here of, and supersedes any and all prior Service Agreements with respect thereto. Academy Credit and/or assignee Reserves the Right to modify, Revise and or Amend This Service Agreement without prior notice and agrees to notify members of The Services Contract changes within a 30 days of changes.

Contacting Academy Credit

Our principal business address and the name and address of its agent in the state authorized to receive service of process is as follows:

        Academy Credit LLC
        1438 N Hwy 89 Suite 120
        Farmington, Utah 84025
        1-800-857-5268
        www.academycredit.com

AUDIT AGREEMENT

Member (You the Member) and Co-Member (�AC�) listed above hereby engage and Retain Academy Credit ("AC") and it�s subcontractors for the exclusive purpose of performing credit report audit and verification services to the credit bureaus under the following terms and conditions:

Academy Credit agrees to perform the following Description of Services for Member:

Initial Set Up

Upon execution of The Service Agreement, Academy Credit will perform the following set-up and related services (the "Initial Set-Up"):

  1. Enter the Members profile into our database for electronic processing and Storage
  2. Data entry, case set up and opening of Member's secure client areas, with immediate online access.
  3. Assist and or Obtain Members Credit Report and Complete Analysis.
  4. Provide information about documents necessary and steps to required to complete the Initial Set-Up.
  5. Telephonic and/or Electronic review of Member's Consumer Credit profile and Reports.
  6. Provide Telephonic and/or Electronic support for any questions Member may have during the Initial Set-Up.
Please Note: Upon Completion of Initial Set up, service shall be deemed fully complete and rendered; therefore the Initial Set-Up Fee is A Non-Refundable Fee.

Monthly Service

Each month that you remain a Member with AC, We will provide the following Monthly Services:

  1. Work on Members behalf to clear and/or correct personal credit profile of inaccurate, untimely and unverifiable information.
  2. Timely disputation of information appearing on Member's consumer Credit report in compliance with the federal Fair Credit ReportingAct (FCRA) (15 USC �� 1681a-1681t), and as instructed or excluded by Member.
  3. Access to Member's Assigned Credit Mentor, assisting with individual efforts to restore personal Credit Rating and Profile.
  4. Telephonic and/or electronic review of Member's consumer credit profile and reports as requested and or required.
  5. Receipt, computer entry and professional analysis of correspondence: issued to Member from the credit bureaus as applies to Member's case.
  6. Provide telephonic and /or electronic information and reminders about documents to forward to AC by Member.
  7. The electronic updating, maintenance and storage of the Member's Case, files and Secure Client Areas.
  8. Unlimited Access to Secure Client Areas providing member with access to personal account information, case history, progress, tools, resources and monthly newsletters.
  9. Unlimited Access to all Terms and Conditions, Privacy Policy, The Service Agreement, Disclosure Statement and Notice of Cancellation.
    Please Note: Monthly Services described herein, Service shall be deemed fully rendered and complete for that month. If you, the Member seek additional services not contained in the Service you selected, a separate Service Agreement may be required.

    MEMBER COMMITMENTS

    Member understands and agrees to the following commitments and processes:

    A )During the course of your case, you will need to forward copies of all documents and correspondence from the credit bureaus to AC.
    B) Member understands that AC will be limited in its ability to provide the services outlined in The Service Agreement if Member does not provide credit reports or Responses at the rate of one credit report per bureau every ninety (90) days.
    C) To inform AC of any change of Address, Phone and Billing Information within five (5) days of such change. Member understands that AC will be limited in its ability to provide the services outlined in The Service Agreement.
    D) You may correspond via e-mail directly with your credit mentor as much as you wish during your time with us as a Member.
    E) AC recommends that you log into your online account and utilize the mail center to communicate with your credit mentor.
    F) Member understands that Academy Credit is not a law firm, but instead is offering credit restoration and financial services.
    G) That Member is not an employee of any credit reporting agency nor has Member retained AC under any false pretenses.
    H) That the success of the services detailed herein depends heavily upon Member's fulfillment of these commitments.

    Concluding Statements and Agreements

    Terms of Payment

    By joining you �The Member� agree and authorize AC to process the following charges as they become due from your credit card, debit card, checking or savings accounts as provided upon enrollment.

    One-time Initial Membership Fee $129.00

    Applicable Rate May Vary Based Upon
    Enrollment Offers Available

    Service Levels Monthly Fee
    Platinum $69.95
    Gold $49.95
    Silver $29.95
    Bronze $ 9.95

    The Monthly Fee is processed at the end of each 30 day period for services rendered the previous 30 days.
    Once Notice of Cancellation is received terminating The Service Agreement a final payment for services rendered may apply.
    Member agrees and authorizes AC to process final payment owed for services rendered.
    We reserve the right to re-deposit any payment returned to us for non-sufficient funds (NSF).
    We are not responsible for any NSF fees that your bank may charge.
    In addition you authorize us to collect from your bank account via electronic debit or paper debit up to $25.00 for the processing of an NSF payment.

    Length of Service

    The duration of The Service Agreement is on a month to month basis, with automatic renewal each month unless Notice of Cancellation is received terminating The Service Agreement. The total amount charged to will depend on the length of Time you choose to remain a Member. The speed of progress will depend on the nature of your case, the Level of communication from the credit bureaus and Member�s Participation. As the particular issues involved in each Individual case vary we cannot guarantee a specific outcome or accurately predict how long it will take.

    Cancellation Policy

    You may cancel The Service Agreement at any time, for any reason or no reason, by providing Notice of Cancellation to Academy Credit. To cancel The Service Agreement, you may mail, email, fax or deliver a signed, dated notice stating your desire to cancel The Service Agreement, including your name, or any other written notice, to Academy Credit. You can also complete the Notice of Cancellation at the end of The Service Agreement and return it via mail, email or fax and a Notice of Cancellation can be found by logging into member�s secure online account. Academy Credit has the right to discontinue services and/or terminate The Service Agreement without prior notice if the Member defaults under The Service Agreement.

    Refund Policy

    If Notice of Cancellation is received within the first five (5) days, which begins on the date The Service Agreement was signed, the Member is entitled to a complete refund of any funds paid to Academy Credit. Member understands and acknowledges that the Initial Setup Fee is non-refundable after the five (5) days grace period Expires, which begins on the date The Service Agreement was signed (see digital signature).

    After the (5) day grace period expires, you may be entitled to a full or partial refund of any Monthly Fees.
    If we fail to provide the agreed upon services, then at Academy Credit's sole Discretion we will refund your monthly fees for that Month.

    To Submit a Refund Request simply mail, email or Fax your Refund Request to:

            Academy Credit LLC
            1438 N Hwy 89 Suite 120
            Farmington, Utah 84025
            1-800-857-5268 ext 3
            Fax 801-451-0829
            accounting@academycredit.com

    Refund Warranty

    Academy Credit has a one Year Warranty. The law mandates member cannot promise or guarantee results. With that said, Academy Credit understands how important your time and money are, so we have created a Simple process to Assure you that we will perform the Work as promised. To honor this goal and back our promise to you, Our Warranty offers to refund all your monthly fees if we cannot demonstrate progress with your case. After you have been A Member for 12 months, if you feel unsure about the level of success that we�ve achieved on your behalf, you can request full evaluation of your case progress.

    If the Following are true, we will refund your monthly fees.

    • Academy cannot demonstrate any progress with your case.
    • You have forwarded to Academy on a timely basis, all of the necessary documents which enables AC to perform work on your case.
    • You have been on our Service for a minimum of 12 months.
    • You send in a new copy of your credit report for analysis after 12 months of service.

    Digital Signature/ Acceptance of The Service Agreement

    E-sign grants electronic signatures and documents equivalent legal status as traditional handwritten signatures. By completing our enrollment and The Service Agreement, you are certifying that your digital signature is the equivalent of your handwritten signature.
    Furthermore, you agree that you have read all of The Service Agreement and are signing each section of The Service Agreement with your digital signature. You further agree that you understand The Service Agreement and have read "Your Rights as a Consumer".

     

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