These Terms and Conditions (also, “Agreement”) is entered into as of the date of purchase or lease (the “Effective Date”) by and between You and Dan Madock, Owner dba Credit Education Consultants, Laurie Zoock Madock, consumer credit teacher and author, and their contractors, affiliates, employees, heirs, and assignees (together, “CEC”). By clicking “Yes” below, You acknowledge that you have read, understand, and agree to be bound by the terms above and below.
1. The Services. This Agreement applies to your use of any of the following services, as well as any other services to which You agree CEC will provide (individually and collectively, “the Services”):
a. Free Credit Consultation. A free 15-minute consultation to determine which Services, if any, are applicable to You.
b. Comprehensive 2 ½ Hour Audio Interview. Your access to a 2 ½-hour audio file for a period of one month.
c. “Guide & Letters” Step-By-Step Instructions. A guide and templated letters for you to send to creditors and other relevant parties.
d. Private Consultations. You may purchase live consultations in 30-minute increments at $99.00 each. Prior to the first consultation, You may email any questions, along with supporting documents, to [email protected].
e. Professional Referrals. If CEC determines that You need a specialist, such as a debt-collection negotiator or an attorney for student loans, repossessions, judgments, liens, child enforcement, alimony, bankruptcy attorney, or foreclosure, CEC will make reasonable efforts to give You referrals or a website with appropriate resources.
2. Disclaimer. CEC is not a credit repair organization, nor a Credit Counselor. CEC and its contractors act only as Consumer Credit Teachers and Consultants, and you agree that none of them will offer you financial or investment advice on which you should rely.
3. Confidential Information. You will not copy, share, use, or otherwise make available to others any of the Confidential Information you are provided. “Confidential Information” shall mean (i) all information relating to CEC’s products, methods, documents, audio and video files, operations procedures, technical advice or knowledge, trade secrets, drawings or schematics, and know-how or other intellectual property that may be at any time furnished, communicated or delivered by CEC to You, whether in oral, tangible, electronic or other form and (ii) all other non-public information provided by CEC. All Confidential Information shall remain the property of CEC.
4. Obligation to Maintain Confidentiality. With respect to Confidential Information:
a. You agree to retain the Confidential Information of CEC in strict confidence, to protect the security, integrity and confidentiality of such information and to not permit unauthorized access to or unauthorized use, disclosure, publication or dissemination of Confidential Information except in conformity with this Agreement;
b. The obligation not to disclose Confidential Information shall survive the termination of this Agreement, and at no time will You or any of your representatives be permitted to disclose Confidential Information, except to the extent that such Confidential Information is excluded from the obligations of confidentiality under this Agreement.
5. Recorded Calls. CEC may record consultations with you solely for internal informational and quality control purposes only. You may not record any conversations with CEC. CEC will not publish or release any recorded conversations.
6. Remedies. You agree that if you use or disclose any Confidential Information in a manner inconsistent with this Agreement, You will be assessed liquidated damages of $1000 for each such use or disclosure, including by others. Unpermitted use or disclosure will give rise to irreparable injury for which: (a) money damages may not be a sufficient remedy for any breach of this Agreement by such party; (b) CEC may be entitled to specific performance and injunction and other equitable relief with respect to any such breach; (c) such remedies will not be the exclusive remedies for any such breach, but will be in addition to all other remedies available at law or in equity; and (d) in the event of litigation relating to this Agreement, if a court of competent jurisdiction determines in a final non-appealable order that You have breached this Agreement, You will be liable for reasonable legal fees and expenses incurred by CEC in connection with such litigation, including, but not limited to, any appeals. You agree that the liquidated damages herein are reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
7. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid, return receipt requested, addressed to the party to be notified at the below address or by facsimile at the below facsimile number or in the case of either party, to such other party, address or facsimile number as such party may designate upon reasonable notice to the other party.
Dan Madock, Owner dba Credit Education Consultants, 7853 Gunn Hwy PMB 1028, Tampa, FL 33626, Email: [email protected], Fax: 813-354-4733
8. Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to the principles of conflict of laws.
9. Dispute Resolution.
a. Should CEC wish to enforce the Remedies clause herein, CEC may seek to do so in a court located in the State of Florida, County of Hillsborough, or via mediation or arbitration as set forth below. Each party waives any objection to the laying of venue for any such suit, action, or proceeding in such court.
b. Any other dispute arising out of this Agreement may not be brought in a court. Instead, the complaining party will first attempt to resolve any dispute by writing the other party a brief statement of any problem, along with a proposed solution. Should such informal attempts at dispute resolution fail, the complaining party may next seek only mediation to resolve any disputes, except as provided above.
c. Any such mediation shall be held before a neutral attorney or mediator having at least ten (10) years of business experience or by a retired judge (“Qualified Mediator”). Within ten (10) days of a demand for mediation, the parties shall attempt to mutually agree on a Qualified Mediator. If the parties agree on the selection of a Qualified Mediator, the mutually selected Qualified Mediator shall be appointed for the parties’ mediation. If the parties are unable to mutually select a Qualified Mediator, they shall each select a Qualified Mediator and the two Qualified Mediators shall then select a third neutral Qualified Mediator who shall mediate the parties’ dispute. Any selected mediator who is unable or unwilling to fulfill his or her duties may be replaced. Subject to the Qualified Mediator’s availability, the parties will make best efforts to have the mediation scheduled and held within fifteen (15) days of a demand. The parties shall split and pay for the fees and costs charged by the mediator equally.
d. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute.
e. Should the parties fail to reach a resolution of their dispute through meditation, either party may seek to settle the dispute by Arbitration in accordance with the Arbitration Rules of the U.S. Arbitration & Mediation (“USA&M”), which may be found at www.usam.com, or by the American Arbitration Association. All hearings will be held before an Arbitrator who is a licensed attorney with at least 10 years of experience. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. The Federal Arbitration Act (Title 9 U.S. Code Section 1 et. seq.) shall govern all arbitration and confirmation proceedings.
f. All hearings for mediation or arbitration will be held via video conference, if reasonably practicable, or, if video conference is not reasonably practicable, as close to Hillsborough County, Florida as possible.
10.No Refunds. You understand there are no refunds available for any of the Services.
11.Miscellaneous. You may not assign your rights or delegate your duties under this Agreement without CEC’s prior written consent. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement. Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.
By placing the order, you acknowledge that you have read, understand, and agree to be bound by the terms above.