Log In | Contact | About Us
Terms of Use

This Web Site Terms of Use and License Agreement has been revised and is effective as of Dec. 28, 2008.

TURBO CREDIT SOLUTIONS, LLC WEB SITE TERMS OF USE AND LICENSE AGREEMENT

Welcome to Turbo Credit Solutions, LLC's ("TURBOCREDIT") internet site (the "website"). Please read this Web Site Terms of Use and License Agreement (hereinafter, "Terms of Use," and/or "Agreement") carefully before using the website. This Agreement includes the following provisions:

  • Acceptance of Terms of Use Through Use of This Website
  • Applicability of Terms of Use
  • Description of the TURBOCREDIT Solution
  • Reservation of Rights by TURBOCREDIT
  • Website License
  • Software License
  • Limitation of TURBOCREDIT'S Liability
  • Disclaimer of Warranties; TURBOCREDIT Solution and Website Provided "As Is"
  • Disclaimer of Intent to Provide Professional Advice, Services or Products
  • Products and Services Available Through Third-Party Providers
  • Your Privacy
  • Submissions, Feedback and Confidentiality
  • Proprietary Materials
  • Claims of Infringement
  • Severability and Integration
  • Arbitration
  • Governing Law and Forum
  • General

Acceptance of Terms of Use Through Use of This Website

By using this website, You represent to TURBOCREDIT that You have read, understood, and agree to all of the terms, conditions, and notices contained or referenced in this Terms of Use Agreement and agree to comply with all applicable laws and regulations. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

Applicability of Terms of Use Agreement

This Terms of Use Agreement applies to all of the information, products, facilities, content, services and to any downloadable Software and/or materials made available through the website or through a CD-ROM obtained through the website (hereinafter, collectively, the "TURBOCREDIT Solution"). This Agreement also applies to any updates, enhancements, modifications, or additions to the TURBOCREDIT Solution.

Description of the TURBOCREDIT Solution

The TURBOCREDIT Solution is offered to You, at no cost, as an educational resource to assist You in understanding Your personal credit. Because the TURBOCREDIT Solution provides no service to You for compensation or other consideration, the time it may take You to address any credit-related concerns You may have is entirely up to You and depends upon Your direct interaction with Your creditors and those consumer reporting agencies that maintain consumer report information about You. TURBOCREDIT will not contact any creditor or consumer reporting agency on Your behalf. The TURBOCREDIT Solution does not, and is not intended to, provide a credit repair service to You or any website User.

Reservation of Rights by TURBOCREDIT

TURBOCREDIT reserves the following:

  1. Any rights not expressly granted to You in this Terms of Use Agreement are reserved by TURBOCREDIT to itself.
  2. TURBOCREDIT reserves the right to terminate Your access to the TURBOCREDIT Solution at any time, for any reason, with or without cause and without notice to You.
  3. TURBOCREDIT reserves the right to update, modify or revise any part of this Terms of Use Agreement at any time, without prior notice to You. Any updates, modifications, revisions, or other changes will be effective immediately upon the posting of the updated Terms of Use Agreement to the website. Therefore, You should review the Terms of Use Agreement each time you access the TURBOCREDIT Solution.
  4. TURBOCREDIT reserves the right, at any time, without notice to You, to change, modify or eliminate any content or feature of the TURBOCREDIT Solution, or to restrict Your use of or access to any portion of the website. You agree that Your only right and remedy with respect to such ACTION BY TURBOCREDIT is to discontinue Your use of the website.

Website License

TURBOCREDIT grants You a revocable, personal, non-exclusive license to view, use, print and download information, Software, and other materials from the TURBOCREDIT Solution subject to the following:

  1. The TURBOCREDIT Solution information, Software, and other materials may be used by You solely for informational, personal, and non-commercial purposes.
  2. You may not charge any fee for the distribution of any TURBOCREDIT Solution information, Software, and other materials to any third party.
  3. You may not modify the TURBOCREDIT Solution information, Software, and other materials in any way.
  4. All copyright or other proprietary notices that appear on the TURBOCREDIT Solution information, Software, and other materials you print, copy, download or otherwise obtain from the website may not be deleted or modified in any way without TURBOCREDIT's prior express written permission.
  5. TURBOCREDIT reserves the right to revoke this license at any time. You agree that You and any person to whom You distribute the TURBOCREDIT Solution information, Software, and other materials will immediately discontinue any use or distribution upon the revocation of this license. This license does not include a license to use, copy, or otherwise appropriate any part of the design of the TURBOCREDIT website. Elements of the website are protected by copyright, trade dress, or other laws and may not be imitated or reproduced in whole or in part. This license does not include logos, graphics, sounds, or images from the website, which may only be reproduced or distributed with TURBOCREDIT's prior express written permission.

Software License

TURBOCREDIT grants You a revocable, personal, non-exclusive, license to, install and use the Software and associated content downloaded from the website or contained in the TURBOCREDIT CD-ROM ("Software"), which will be deemed to include any enhancements or modifications thereto and any related documentation. You may not copy, modify, distribute, reverse engineer, decompile or disassemble the Software, except that You may make one copy of the Software for Your personal back-up purposes. You may not use the Software for any commercial purpose. You may not transfer, sell, assign or convey the Software to another party without TURBOCREDIT's prior express written approval.

Limitation of TURBOCREDIT'S Liability

TURBOCREDIT IS NOT, AND WILL NOT BE, LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE TURBOCREDIT WEBSITE, THE TURBOCREDIT SOLUTION, OR ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED THROUGH THE WEBSITE.

IN THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW, OR PLACE RESTRICTIONS UPON, THE EXCLUSION OR LIMITATION OF LIABILITY IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION WILL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION OF LIABILITY PERMITTED BY APPLICABLE LAW.

Disclaimer of Warranties; TURBOCREDIT Solution and Website Provided "As Is"

THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TURBOCREDIT DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

NEITHER TURBOCREDIT NOR ITS THIRD-PARTY BUSINESS PARTNERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE CONTENT. TURBOCREDIT DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME, FROM ANY PARTICULAR LOCATION, FROM ANY PARTICULAR PARTY, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

Some states or other jurisdictions do not allow the exclusion of implied warranties. in those jurisdictions, this disclaimer may not apply to you and you may have other rights.

Disclaimer of Intent to Provide Professional Advice, Services or Products

TURBOCREDIT does not provide legal, accounting, financial or other professional advice or service THROUGH the TURBOCREDIT Solution. aLTHOUGH TURBOCREDIT STRIVES TO PROVIDE INFORMATION THAT YOU MAY FIND HELPFUL, THIS INFORMATION IS NOT INTENDED TO BE AND SHOULD BE CONSIDERED CREDIT REPAIR OR OTHER PROFESSIONAL OR LEGAL ADVICE. YOU SHOULD NOT USE THE INFORMATION PROVIDED ON THE WEBSITE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.

Products and Services Available Through Third-Party Providers

The TURBOCREDIT Solution may contain hyperlinks to websites operated by parties other than TURBOCREDIT. Such hyperlinks are provided for Your reference only. TURBOCREDIT does not control such websites, and is not responsible for their content. TURBOCREDIT's inclusion of hyperlinks to other websites does not imply any endorsement of the material or products on such websites.

Your use of a third-party's website, products or services will be subject to the third-party's terms of use and privacy policy. If You decide to use or obtain the third-party's website, products or services, any transaction between You and that third-party will be only between You and the third-party. TURBOCREDIT makes no representations or warranties with respect to the third-party's performance. YOU AGREE THAT TURBOCREDIT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH A THIRD-PARTY LINKED TO FROM TURBOCREDIT'S WEBSITE.

Your Privacy

TURBOCREDIT's Privacy Policy is accessible by clicking on this Privacy Policy link and from TURBOCREDIT'S homepage. When you first provide your personal information to TURBOCREDIT, you will be asked to acknowledge receipt of TURBOCREDIT's Privacy Policy and to agree to this Terms of Use Agreement. You should carefully review TURBOCREDIT's Privacy Policy at that time, and each time You access the website, to ensure that You understand how the information You provide to TURBOCREDIT will be used and to understand Your ability to limit TURBOCREDIT's use and re-disclosure of the information You provide.

Submissions, Feedback, and Confidentiality

All comments, feedback, information, and materials, other than your non-public personal information, submitted to TURBOCREDIT through the website ("Submissions") will become the non-confidential property of TURBOCREDIT. By providing a Submission to TURBOCREDIT, You grant TURBOCREDIT a royalty free, perpetual, irrevocable, non-exclusive, worldwide license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, and publicly display, Your Submission in any media and to make, sell, offer for sale, import, and otherwise transfer Your Submission to any party for any purpose.

Proprietary Materials

The TURBOCREDIT Solution is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The TURBOCREDIT Solution contains copyrighted material, trademarks (including "TURBOCREDIT") and other proprietary information of TURBOCREDIT and others (collectively, "Proprietary Material"), which may include, but will not be limited to: text, Software, photos, video, graphics, images, music and sound. Except as provided in this Agreement, You agree not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from TURBOCREDIT.

You may print or download the TURBOCREDIT Solution information, Software, and other materials for Your personal, non-commercial use to any single computer, provided that You keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the TURBOCREDIT Solution to create or compile, directly or indirectly, a collection, compilation, or database without TURBOCREDIT'S prior written consent is prohibited.

Claims of Infringement

If You believe TURBOCREDIT has infringed Your copyrighted or trademarked material or other intellectual property, You may notify TURBOCREDIT in writing as follows: Attention Claims Department, 1358 Fruitville Road, Suite 310, Sarasota FL 34236, or by email at claims@turbocreditsolution.com. Any claim of infringement should include sufficient information to enable TURBOCREDIT to evaluate Your claim and to take appropriate corrective action.

Severability and Integration

Unless otherwise specified in this Terms of Use Agreement or the website, this Agreement constitutes the entire agreement between You and TURBOCREDIT with respect to the website and the TURBOCREDIT Solution and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and TURBOCREDIT with respect to the website and/or TURBOCREDIT Solution. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, You agree that that portion of the Agreement may be modified to the minimum extent necessary to give effect to the original intent of the parties and to comply with applicable law. The remaining portions of the Agreement will otherwise remain in full force and effect.

Arbitration

  1. If a Dispute (defined below) arises between you and TURBOCREDIT that cannot be resolved through negotiation, either You or TURBOCREDIT may elect to submit the Dispute to binding arbitration as provided for in this Agreement rather than litigate the Dispute in court. You understand that participating in arbitration may result in limited discovery. The arbitrator will apply applicable statutes of limitation, will honor claims of privilege recognized by law and will, if requested, take reasonable steps to protect Your personal information and TURBOCREDIT'S Proprietary Materials from disclosure outside of the arbitration proceeding.
  2. As used in this Agreement, "Dispute" means any claim or controversy between You and TURBOCREDIT whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory. "Dispute" also means any dispute, claim or controversy concerning the validity, enforceability and scope of this Arbitration Clause, including any claim that this Arbitration Clause is unenforceable because it violates public policy or is unconscionable.
  3. If You or TURBOCREDIT elect to resolve a Dispute through binding arbitration under this provision, the Dispute will be arbitrated by the National Arbitration Forum ("NAF"), P.O. Box 50191, Minneapolis, MN 55405-0191, (800) 474-2371, http://www.adrforum.com/. If the NAF will not enforce this Arbitration Clause as written, it cannot serve as the arbitration organization to resolve any Dispute. If that happens, the parties will agree on a substitute arbitration organization. If the parties are unable to agree, the parties will mutually petition a court of appropriate jurisdiction to appoint an arbitration organization to enforce this Arbitration Clause as written and arbitrate the Dispute. If there is a conflict between this Arbitration Clause and any contract, this Arbitration Clause governs.
  4. The arbitration, before a single arbitrator, will take place at a mutually convenient location, selected by TURBOCREDIT, that is within 100 miles of Your residence address. Because the transaction between You and TURBOCREDIT concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, governs the arbitrability of all Disputes.
  5. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by You or TURBOCREDIT. The arbitrator's award may be enforced by any court having jurisdiction over the parties.
  6. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER BUYERS, OR OTHER PERSONS SIMILARLY SITUATED.

  7. TURBOCREDIT WILL ADVANCE, AND PAY TO THE ARBITRATION ORGANIZATION, ALL FILING FEES, COSTS AND EXPENSES DUE UPON YOUR WRITTEN REQUEST TO TURBOCREDIT. YOU MUST PAY ALL OTHER COSTS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES OR EXPERT WITNESSES COSTS. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE TURBOCREDIT FOR ANY OF THE FEES AND COSTS TURBOCREDIT ADVANCED. IF THE ARBITRATION PROCEEDING IS DETERMINED IN TURBOCREDIT'S FAVOR, YOU AGREE THAT THE ARBITRATOR MAY, UPON TURBOCREDIT'S REQUEST, ADD THE AMOUNTS ADVANCED BY TURBOCREDIT TO THE AWARD IN TURBOCREDIT'S FAVOR.

    IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL WILL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL.

  8. If any portion of this Arbitration Clause (other than the class action waiver) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Clause, and the remainder of the Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, then this Arbitration Clause will be unenforceable in its totality, and the Dispute will be decided by a court of competent jurisdiction.

Governing Law and Forum

To the extent permitted by applicable law, You agree that all matters relating to your access to, or use of, the website, all matters relating to this Terms of Use Agreement, and all Disputes, will be governed by the laws of the State of Florida, which will apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of Florida law. Any Dispute will be arbitrated, as described in the Arbitration Clause, at a mutually convenient location, selected by TURBOCREDIT, that is within 100 miles of Your residence address.

General

The failure of TURBOCREDIT to act with respect to Your breach of this Agreement does not waive TURBOCREDIT's right to act with respect to subsequent or similar breaches. You may not assign or transfer Your rights under this Agreement without TURBOCREDIT's express written consent. You will comply with all applicable laws and regulations relating to Your use of, or access to, the TURBOCREDIT website and/or the TURBOCREDIT Solution.