Terms & Conditions

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 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. 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 repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. 

You have the right to cancel your contract with any credit repair organization for any reason within five days from the date you signed it. 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 repair organizations. For more information contact: 

The Public Reference Branch 

Federal Trade Commission 

Washington, D.C. 20580 

By executing the Terms of Service, I hereby confirm that I understand what I am signing and acknowledge receipt of the Consumer Credit File Rights

NOTICE OF RIGHT TO CANCEL

You may cancel this contract, without penalty or obligation, before midnight on the third (3rd) day which begins after the date the Agreement is signed by you. 

If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.

 To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to Starting Now Corp at 7957 N. University Dr. #323, Parkland, FL 33067, not later than midnight on the third (3rd) day which begins after the date the Agreement is signed by you. 

 I hereby cancel this transaction: 

Date:________________ 

Print Name: __________________________ 

Signature: _______________________________

 ***ONLY SIGN AND RETURN IF YOU INTEND ON CANCELING SERVICE.

NOTICE OF RIGHT TO CANCEL

You may cancel this contract, without penalty or obligation, before midnight on the third (3rd) day which begins after the date the Agreement is signed by you. 

If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.

 To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to Starting Now Corp at 7957 N. University Dr. #323, Parkland, FL 33067, not later than midnight on the third (3rd) day which begins after the date the Agreement is signed by you. 

 I hereby cancel this transaction: 

Date:________________ 

Print Name: __________________________ 

Signature: _______________________________

 ***ONLY SIGN AND RETURN IF YOU INTEND ON CANCELING SERVICE.

Welcome to Starting Now Corporation. By utilizing our services, you enter into a legal agreement, which is what you see below.  

These Terms of Service include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability. 

By accessing and using our Services (defined below), you are agreeing to these Terms of Service, our Privacy Policy, and any applicable additional terms which may be included in any addendum to these Terms of Service (collectively referred to as the “Agreement”). It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. 

1. Definitions: As used herein, the following terms have the meaning set forth below:  
   1. “Service” shall mean the services purchased by the Client (defined below) from Company (defined below) and explained in detail in this Agreement . 
   2. “Service Plan” shall mean the service plans that contain varying levels of service options. The Services included in each Service Plan will be explained to the Client and the Service Plan that the Client selects will be listed, below, under the heading “Service Plan” 
   3. “Company” shall mean Starting Now Corporation , a Florida not for profit corporation .
   4. “Client” shall mean you, the consumer.  
   5. “Effective date” shall mean the date on which the Client assents to the terms contained in the Agreement via signature.
2. Client Account.
   1. Generally. Client will be registered and will receive a member account to access information regarding enrollment and progress under whichever Service Plan in which the Client enrolls. Registering for a member account is required in order to access information pertaining specifically to the Client. By registering for a member account, the Client certifies that: 
      1. Client is 18 years of age or older;
      2. Client has a valid U.S. Social Security number;
      3. Any information that Client provides is and will be true, accurate, current and complete; 
      4. Client is registering for him/herself and not on anyone else’s behalf; and 
      5. Client will keep all information that Client provides up-to-date, and will cooperate with Company personnel in order to accomplish the objectives set forth in the Service Plan in which the Client enrolls.     

         Client agrees not to sell, transfer, or assign the member account to anyone else. Client also agrees to keep his/her password confidential and may not allow anyone else to access Client’s member account. The Client must notify Company immediately if, at any time, it believes that the member account is no longer secure.

                 2. Consent. The Client authorizes Company to create and maintain an account in the Client’s name using the Client’s account registration information and other information that may be collected in accordance with the Company Privacy Policy, and as part of providing Services. By registering, Client also explicitly consents to let Company request and receive the Client’s consumer report data and other data about the Client from third parties. The Client shall provide consent in the same or substantially similar form to the following: 

                            I understand that I am providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Starting Now Corporation or its affiliated companies to request and receive copies of consumer reports, scores and other information about me from third parties, including, but not limited to, TransUnion, Equifax, and/or Experian. I understand that my instructions let Starting Now Corporation and affiliated companies obtain such information at any time for as long as I am enrolled in any Service Plan, utilize any of the Services, or until I revoke my consent.

               3. Usage and Restrictions.

                       1. Access and Use. Subject to and conditioned on the Client’s compliance with these Terms of Use and the Agreement, Company hereby grants the Client a non-exclusive, non-transferable, revocable license to access the Client’s user portal so that the Client may utilize the Services provided by Company. The Client agrees not to download, install, or access any software application on Company’s systems without Company’s written permission.  In addition, any and all access any component of the Service or systems shall be subject to the following: 

                             1. Use of any Service shall be limited to Client only, and may not be on behalf of third parties;

                            2. Except as expressly permitted in this Agreement, Client may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource or otherwise commercially exploit or make the any Service available to any third party;

                            3. Client may not, and may not facilitate or allow any third party to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services or Company’s software or systems, or any software or system licensed to Company by a third party, or access or use any of the foregoing, in order to build a similar or competitive product or service or for any other purpose; 

                            4. Client’s access to and use of any Service shall conform with the restrictions set forth herein;

                           5. Client’s use of any Service must not cause undue strain or stress on the Company network through non-standard use;  

                           6. Any Service and systems shall not be used for any purpose other than for the purposes outlined in these Terms of Use or Agreement; and 

                           7. Client shall not attempt to break, bypass or circumvent Company’s security systems, or attempt to obtain access to any hardware, programs or data beyond the scope of the access granted by Company in writing. 

                      2. Reservation of Rights. Nothing in this Agreement grants Client any right, title, or interest in or to any Service (including application development, business and technical methodologies, and implementation and business processes, used to develop or provide any Service), know-how, or improvements associated with any of the foregoing and all trade names, trademarks, service marks, copyrights, or patents embodied or used in connection with the integration or services provided hereunder (collectively, the “Intellectual Property”), whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in any of the foregoing that Company had prior to the execution of this Agreement or subsequent improvements or updates thereupon after the execution of this Agreement shall remain with Company. Client may not copy, modify, or otherwise use the Intellectual Property of Company without Company’s express written consent. Client will not dispute for any reason whatsoever, during the term of this Agreement or thereafter, the validity, ownership or enforceability of any of the Intellectual Property of Company, nor attempt to acquire or damage the value of the goodwill associated with that Intellectual Property, whether registered or not.

                      3.Third Party Intellectual Property Rights. Company Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by third party service providers (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants Client, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property. 

                       4. Links to Third Party Sites. Company Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). The Services may also include features that allow the Client to connect with accounts or services provided by third parties (collectively, “Third Party Services”). Company does not control, maintain, or endorse the Third Party Content or Third Party Services, and is not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Client interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between Client and the third party. The Client should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. Company is not responsible for any information that Client agrees to share with third parties in connection with Third Party Content or Third Party Services. 

                      5. Client Data

                           1. CLIENT AGREES TO GRANT COMPANY A NON-EXCLUSIVE RIGHT TO USE, COPY, DISTRIBUTE AND DISPLAY CLIENT’S CREDIT AND FINANCES, “NONPUBLIC PERSONAL INFORMATION” AS DEFINED BY THE GRAMM LEACH BLILEY ACT (15 U.S.C. SECTION 6801 ET SEQ.), AND ANY SIMILAR OR OTHER DATA OR INFORMATION THAT CLIENT SUBMITS TO THE COMPANY OR THAT CLIENT AUTHORIZES COMPANY TO ACQUIRE (“CLIENT DATA”) IN CONNECTION WITH COMPANY’S PROVISION OF ANY SERVICES TO CLIENT. CLIENT HAS SOLE RESPONSIBILITY FOR THE ACCURACY, INTEGRITY, AND RELIABILITY OF THAT CLIENT DATA, AND COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY CLIENT DATA. 

                          2. BY EXECUTING THIS AGREEMENT, CLIENT HEREBY EXPLICITLY CONSENTS TO COMPANY UTILIZING, SHARING, TRANSMITTING, OR OTHERWISE FURNISHING CLIENT DATA, TO AFFILIATED AND NON-AFFILIATED THIRD PARTIES TO THIS AGREEMENT FOR PURPOSES OF, INCLUDING BUT NOT LIMITED TO, EFFECTIVELY PROVIDING THE SERVICE TO CLIENT, PROVIDING OTHER OR ANCILLARY SERVICES TO THE CLIENT, AND/OR ALLOWING ANY AFFILIATED OR NON-AFFILIATED THIRD PARTY TO PROVIDE PRODUCTS OR SERVICES OR MARKET PRODUCTS OR SERVICES TO THE CLIENT. CLIENT ALSO UNDERSTANDS THAT THOSE AFFILIATED AND NON-AFFILIATED THIRD PARTIES MAY UTILIZE, SHARE, TRANSMIT, AND FURNISH THE CLIENT DATA THEY RECEIVE FROM COMPANY FOR THEIR OWN BUSINESS PURPOSES. CLIENT UNDERSTANDS THAT HE/SHE MAY OPT-OUT AND DIRECT COMPANY TO STOP SHARING CLIENT DATA OR ANY PORTION OF THE CLIENT DATA WITH ANY AFFILIATED OR NON-AFFILIATED THIRD PARTY BY SENDING WRITTEN NOTICE TO COMPANY AT 7957 N. University Dr. #323, Parkland FL 33067 OR VIA EMAIL AT admin@startingnow.org. THE INSTRUCTIONS TO OPT OUT MUST INCLUDE THE CLIENT’S FULL NAME AND THE SPECIFIC INFORMATION OR DATA THAT CLIENT IS INSTRUCTING COMPANY TO STOP SHARING, TRANSMITTING OR FURNISHING.

                     6. Changes Company reserves the right, in its sole discretion, to make any changes to its own platform, technology, any aspect of the Services, or other property that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of Services to Client; (ii) the competitive strength of or market for Company’s Services; or (iii) the cost efficiency or performance; or (b) to comply with applicable law. 

                     7. Territorial Use. Company controls and operates Services from the United States, and intends that it only be used in the United State. Company makes no representations or warranties that the information, products, or services provided through the Services is appropriate for access or use in other jurisdictions. No one may access or use the Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject Company to the laws of, or any registration requirement with, such jurisdiction. Company reserves the right to limit the availability of our Services or the provision of any service to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion. 

              4. Service, Fees, Cancellation and Refunds.

                     1. Service.

                         1. Generally. These Terms of Service and the terms of any addendum will govern any business relationship between the Client and Company as of the Effective Date or the date on which Client begins accessing Service or the Company website, whichever is earlier, and will govern any relationship between the Client and Company. The total amount of any fees charged to the Client for Services rendered pursuant to any Service Plan will depend upon the length of time the Client chooses to stay enrolled in any Service Plan and/or until the Client successfully achieves the goal that they set prior to or at the time of enrolling in a Service Plan, whichever is longer. The period of time between Client’s enrollment and the date on which Client may achieve their objective is unique to every Client and depends upon several variables, including the level of Client’s cooperation, participation, and the Client’s specific circumstances. Although Company cannot provide an estimate of completion, Company will endeavor to make this time period as short as possible. 

                          2. Services. Company agrees to provide the Client with credit coaching and remediation services. The Client will be paired with Company’s credit coaches who will provide a comprehensive evaluation of the Client’s credit profile, and devise a course of action (otherwise known as a “strategic path”) through which Company will endeavor to assist the Client with rehabilitating and strengthening his or her credit profile. Company’s credit coaches will work with the Client in order to verify and validate information upon which the Client’s profile is built and will provide the Client with monthly updates regarding progress and potential solutions. Client may be entitled to additional services and features depending upon the Service Plan into which the Client chooses to enroll. The details of your service plan include the following: 

• Ongoing reviews of your credit profile to determine your current status and monitor your progress during your enrollment.  
• Monthly scheduled sessions with your credit coach. The advice provided – the strategic path, will be specific to your circumstances and goals.  
• If appropriate and upon your consent, challenges to entries on your credit report that you believe to be inaccurate or otherwise invalid. We will not challenge any items without your knowledge and participation. 
• Educational email messages, as well as access to our education portal.    
• Monthly updates regarding your FICO score, allowing you to assess your progress 

                 2. Fees. The fees for access to and utilization of the Services (“Fees”) are set forth, below, under the heading “Service Plan”, and expressly incorporated into these Terms of Service. There are two separate and distinct fees for which Client shall be responsible: Enrollment Fees and Service Fees. Enrollment Fees cover the initial cost of Client’s registration and onboarding, and do not cover the credit coaching services that Company will provide on a monthly basis. Service Fees will be assessed on a monthly basis, and will constitute remuneration for credit coaching work performed by Company for the Client each month. The Service Fees shall be assessed at the end of each month, after credit coaching work has been performed. Client will never be prebilled for credit coaching services.  All Service Plans are month to month (unless otherwise agreed upon), and, again, each bill will reflect services that Company has already performed the previous month. All fees are irrevocable and non-refundable except as set forth herein. Client agrees to provide Company with complete and accurate billing and contact information. Where Client elects to make payment via credit card, Client authorizes Company to bill such credit card (a) at the time that Company orders the Services, and (b) for any billing frequency otherwise established pursuant to the Agreement for the amount charged plus any applicable sales taxes. Late payments shall be subject to a service charge of one and one-half percent (1.5%) per month, or the maximum charge permitted by law, whichever is less. Company reserves the right, in its discretion, to suspend or cancel access and/or use of the Services where any payment is due but unpaid. 

                3. Cancellation and Refunds. The Client may cancel enrollment in any Service Plan, at any time, by submitting a written notice of cancellation (“Notice of Cancellation”) to Company. All Services performed by Company on Client’s behalf will cease upon receipt of the Client’s Notice of Cancellation. If Client chooses to cancel his/her enrollment within 5 days of execution of the Agreement, Company will refund any payment made by the Client within 10 days of Company’s receipt of the Notice of Cancellation. Client understands that any Notice of Cancellation submitted after the initial 5-day cancellation period could result in a charge for any services rendered by Company prior to its receipt of Client’s Notice of Cancellation.

         5. Disclosure Statement and Notice of Cancellation.  Accompanying the Agreement is the “Consumer Credit File Rights Under State and Federal Law” disclosure and “Notice of Cancellation” disclosure (collectively the “Disclosures”). Although Company is a non-profit organization and is not required to provide the aforementioned disclosures to the Client, Company desires to provide the Client with as much information, and afford Client the same options, to which Client would be entitled if Company was not a non-profit entity.

        6. Communication Consent.  By executing the Agreement, enrolling in any Service Plan, or accessing or utilizing any Services, the Client affirms his/her consent to receive, in an electronic format, whether via email, SMS (text) message, or telephone calls, all information, copies of any agreements or any part of the Agreement, and correspondence from Company. Client also agrees to send information to Company in an electronic format unless previously agreed upon in writing with Company. The Client consents and agrees that Company may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically, via e-mail, SMS messaging or via telephone. All electronic communications will be deemed to be valid and authentic, and the Client intends and agrees that those electronic communications will be given the same legal effect as written and signed paper communications. The Client has a right to receive a paper copy of any of these electronic records if applicable law specifically requires the Company to provide such documentation. The Client’s consent to receive e-mails, SMS messages, or telephone calls may be withdrawn at any time upon Company’s receipt of such written request. However, the Client’s withdrawal of the Client’s consent to conduct business electronically can only occur if applicable law specifically requires Company to provide a paper copy of electronic documents. Withdrawal of consent to receive electronic communications will hinder the speed and effectiveness with which Company provides any Services to the Client. 

If the Client wishes to withdraw consent to receive notices and disclosures in electronic format whether by e-mail, SMS message or telephone call, or to update any information non-electronically, the Client may mail such information to:Starting Now Corporation, 7957 N. University DR. #323 Parkland, FL 33067. The Client acknowledges and agrees that the internet is considered inherently insecure. Therefore, the Client agrees that Company has no liability to the Client whatsoever, and waives any claims, for any loss or damages arising out of or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied. At all times, the Client maintains the sole obligation to ensure they are able to receive and access Company’s electronic communications, and to ensure that Company has the most accurate and up to date contact information for the Client.  

         7. Obligations of the Client. While the Client is enrolled in any Service Plan or accessing or utilizing any Service, the Client understands and agrees that, in order to allow Company to most effectively provide Services, they will: 

                  1. Provide legible copies of any and all documents, correspondence and mailings received from credit reporting agencies and/or creditors within fourteen (14) days from the Client’s receipt thereof;  

                  2. Provide legible copies of one of the following: Social Security card, paystub with Social Security number, or W-2 form AND copies of two of the following: driver’s license, rental lease, paystub with address or utility bill with address (gas, electric, water or cable);

                  3. Maintain timely monthly payments of Client’s current credit obligations and open accounts (i.e. car loan, utility bills, mortgage payments, credit cards, etc.). Failure to make payments on any of those accounts in a timely manner will result in severe damage to Client’s credit, and will hinder Company’s ability to efficiently provide its Services. 

                 4. Refrain from applying for any type of credit, loans, financing and any other type of debt without prior written approval from Company.

                 5. Report any change of address, phone number or billing information, or any other contact information to Company within five (5) days of such change. 

                6. Respond to Company’s correspondence in a timely fashion.

                7. Arrange for the timely payment of fees for all Services provided pursuant to any Subscription Plan in accordance with the terms delineated herein (if applicable). 

              The Client further understands and acknowledges that: 

                 1. Any Services rendered by Company will take time to yield results, and Company has not made any promises regarding results or time frame for completion.

                 2. Company has not guaranteed or represented that Client’s credit score will increase, nor has it guaranteed that Client will be able to achieve any particular score. 

                 3. Company does not guarantee that the Client will receive any type of financing or additional benefits as a result of Company’s Services or enrollment in any Service Plan. 

                 4. It is their right to verify, validate, dispute, or seek to modify any information concerning Client’s credit on their own behalf, but has elected to allow Company to perform the services pursuant to the terms of the Agreement.

                 5. They have had an opportunity to review Company’s Privacy Policy at startingnow.org, and a copy of the Disclosures prior to executing the Agreement.

                 6. Company has explicitly instructed the Client not to make any false statements to any parties in furtherance of improving the Client’s credit rating, credit profile, or credit score, or for any other purpose, whatsoever.

         8. Limited Designation of Agency. During the period of time in which the Client is enrolled in a Service Plan  and it is within the scope of Company’s Services under the terms of this Agreement, the Client authorizes Company to act as Client ’s agent to: 

              1. Pull credit, view and evaluate personal information;

             2. Disseminate correspondence on the Client (s)’s behalf;

             3. Electronically sign documents on Client’s behalf and in Client’s name; 

             4. Create an account with an online credit report provider on Client’s behalf. The Client may, at any time, cancel the limited authorization granted to Company by notifying Company in writing. The Client may, at any time, revoke the limited authorization granted to Company by notifying Company in writing at company at 7957 N. University Dr #323, Parkland, FL 33067 or via email at admin@startingnow.org. 

        9. Company’s Obligations.  During the period of time in which the Client is enrolled in any Service Plan, Company agrees to work on the Client’s behalf to improve the Client’s credit profile and provide credit education services. To perform the Services selected by the Client, Company charges fees in accordance with the terms contained herein.  

      10. Company Recommendations. Company may at times recommend that the Client undertake additional steps in order to most effectively achieve the Client’s objectives pursuant to the Service Plan in which the Client is enrolled, such as establishing new lines of credit. The selection of third-party services and fees will at all times be at the Client’s sole discretion, risk, and expense. The Client explicitly waives all claims that arise from the Client’s interactions or relationship with those or any other third party hereto. Additionally, the Client understands that Company may terminate third party services which were contracted by Company on Client’s behalf. 

      11. Referral. IF THE CLIENT WAS REFERRED TO COMPANY OR ITS AFFILIATES BY A BANK, LENDER, FINANCIAL INSTITUTION, BROKER, OR OTHER THIRD PARTY INCIDENT TO, IN CONNECTION WITH, AFTER APPLYING FOR, PARTICIPATING IN, OR EXPRESSING INTEREST IN A PRODUCT, SERVICE, OR PROGRAM OFFERED BY THAT REFERRING THIRD PARTY, THE CLIENT HEREBY AUTHORIZES AND DIRECTS COMPANY TO SHARE THE CLIENT’S INFORMATION INCLUDING, BUT NOT LIMITED TO, PERSONAL INFORMATION (INCLUDING NONPUBLIC PERSONAL INFORMATION AS IT IS DEFINED IN THE GRAMM LEACH BLILEY ACT (15 U.S.C. SECTION 6801 ET SEQ.)), CREDIT SCORE, CREDIT HISTORY, CREDIT PROFILE, FINANCIAL HISTORY, ANY INFORMATION SUBMITTED BY THE CLIENT OR CREATED FROM INFORMATION PROVIDED BY THE CLIENT, AND CLIENT’S PROGRESS AS IT PERTAINS TO ANY OF THE SERVICE PLANS IN WHICH CLIENT ENROLLS WITH THAT REFERRING THIRD PARTY. THE CLIENT MAY, HOWEVER, REVOKE THIS AUTHORIZATION AT ANY TIME BY SUBMITTING WRITTEN REVOCATION TO COMPANY AT 7957 No. University DR #323, Parkland, FL 33067 OR VIA EMAIL AT admin@startingnow.org .  

      12. Arbitration Of Disputes.  

           1. Generally. In the interest of resolving controversy, claim or dispute between the Client and Company in the most expedient and cost-effective manner, Client and Company agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. Client and Company further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. 

CLIENT UNDERSTANDS AND AGREES THAT BY ENTERING INTO THE AGREEMENT, CLIENT AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A CLASS MEMBER OR OTHERWISE IN A CLASS ACTION.  

            2. Exceptions. Despite the provisions of subpart a of this Arbitration of Disputes Section, Client and Company both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either party to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek equitable relief in a court of competent jurisdiction in aid of arbitration; or (d) to file a suit in a court competent jurisdiction solely for equitable relief to stop unauthorized use or abuse of Company Services or address an intellectual property infringement claim. 

            3. Rules. Any arbitration between Client and Company will be governed by the FAA, the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. 

            4. Notice. A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice”) to 7957 N. University DR #323, Parkland, FL 33067 or via email at admin@startingnow.org .The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). Both parties agree to use good faith efforts to resolve the claim directly, but if Client and Company do not reach an agreement within 30 days after the Notice is received, the claimant may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and each party agrees to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution. 

            5. Fees. If Client commences arbitration in accordance with the Agreement, Company will reimburse the filing fee, unless the claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida, but if the claim is for $10,000 or less, or as otherwise required, Client may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of Client’s registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, Client agree to reimburse Company for all monies previously disbursed by it that are otherwise Client’s obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. 

            6. CLASS ACTION WAIVER.  CLIENT AGREES THAT THEY MAY BRING CLAIMS AGAINST COMPANY ONLY IN CLIENT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

FURTHER, UNLESS BOTH CLIENT AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

            7. Amendments. If Company makes any future change to this arbitration provision (other than a change to its address for Notice), Client may reject the change by sending written notice within 30 days of the change to Company’s address for Notice, in which case Client’s account with will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments Client rejects, will survive. 

           8. Severability. If any provision of this Arbitration of Disputes Section is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. 

      13. DISCLAIMER OF WARRANTIES. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ADDITIONALLY, COMPANY HAS IN NO WAY GUARANTEED ANY RESULTS OR OUTCOMES AS A RESULT OF THE CLIENT’S UTILIZATION OF, PARTICIPATION IN, OR ACCESS TO ANY SERVICES, AND SPECIFICALLY DISCLAIMS ANY INFERENCES OR UNDERSTANDINGS TO THE CONTRARY. 

      14. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON OR ENTITY CLAIMING THROUGH SUCH OTHER PARTY) FOR SUCH PARTY’S (OR SUCH PERSON’S OR ENTITY’S) LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.  THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL NOT APPLY TO DAMAGES, (i) RESULTING FROM THE GROSS NEGLIGENCE, BAD FAITH OR THE WILLFUL OR INTENTIONAL MISCONDUCT OF A PARTY OR ITS PERSONNEL, (ii) STEMMING FROM PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY A PARTY OR ITS PERSONNEL, OR  (iii) ARISING FROM CLAIMS FOR WHICH EITHER PARTY HAS AGREED TO INDEMNIFY THE OTHER PARTY PURSUANT TO THE PROVISIONS OF THIS AGREEMENT. 

COMPANY’S TOTAL LIABILITY AND CLIENT’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CLIENT TO COMPANY. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT ARE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT.  THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL NOT APPLY TO DAMAGES RESULTING FROM THE GROSS NEGLIGENCE, BAD FAITH OR THE WILLFUL OR INTENTIONAL MISCONDUCT OF COMPANY.  

THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION 14 IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT

       15. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under applicable law, the remaining provisions shall not be affected in any manner, and that unenforceable provision shall be interpreted as modified to the minimum extent necessary to make it enforceable so long as the law allows such modification. 

       16. Choice of Law, Forum and Venue Selection. This Agreement, all acts and transactions pursuant hereto, and the rights and obligations of the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Florida, without giving effect to its principles regarding conflicts of law. Parties agree that the state courts in and for Miami-Dade County, Florida shall have jurisdiction over any legal proceeding involving a dispute arising from or related in any way to this Agreement. The provisions in this section shall be construed as mandatory rather than permissive. ALL PARTIES HEREBY WAIVE TRIAL BY JURY. 

       17. IMPORTANT NOTICE REGARDING FILES: In the process of providing Services to the Client, Company may create a hard copy file that contains date and time stamped letters and other correspondence sent to or received from Credit Bureaus and creditors. Within two weeks after the Client completes or cancels the services, the file is permanently destroyed. If the Client wishes to keep the file for his or her personal records, the Client must (1) timely request in writing that the file be mailed to him or her within 14 days and (2) pay a one-time fee of $24.95 to cover handling and shipping costs. To be timely, the request for the file must be made not later than two weeks after the Client completes or cancels the services. 

       18. Assignment. Client shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the Company’s prior written consent. Company may assign or transfer its rights, or delegate or otherwise transfer its obligations or performance under this Agreement so long as it can assure that the level of service provided by the transferee will meet or exceed the level of service provided by Company. 

       19. Amendments and Modifications. Company may modify the Terms of Service, or any part of the Agreement at any time. Company will notify Client of any changes via the mailing address and/or email address that Client provides to Company. If Company revises the terms of this Agreement, the modified version will not be retroactive and will be effective and binding once Company provides Client with notice of the material changes. If Client objects to any changes, it must provide notice within 10 days after receiving notice of the change. By continuing to use the Services following any modification to the Agreement, Client is agreeing to the Agreement as modified. 

       20. NOTICE OF CANCELATION. Although the Notice of Cancelation accompanying these Terms of Service provides a mechanism for Client to cancel this Agreement within three days,  Company will allow Client to cancel this contract without penalty or obligation at any time before midnight of the 3rd day after the date on which it is executed. Company will not perform any services on behalf of the Client before the end of the third day period beginning on the date the Agreement is signed.