This website Terms and Conditions of Use Agreement (“Terms and Conditions”) is between the party using the website (”you” & “Customer”;) and Elite Financial Consultants, LLC ( ”we” or “us”). Please read these Terms and Conditions thoroughly and completely. By using the EFC website, you are binding yourself, (“Customer” or “you”) to the terms included in these Terms and Conditions (& “Terms”;). If you do not agree to all the terms, then do not use the EFC website or services.
A. Authorized Use
In order to use the EFC website, you need to: (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms; (b) have the power to enter into a binding contract with EFC, and not be barred from doing so under any applicable laws; and (c) warrant that any registration information that you submit to EFC is true, accurate and complete, and agree to update it so that it remains accurate and complete at all times. You agree to use the EFC website in a manner consistent with the Terms and Conditions and all applicable rules and regulations. You acknowledge that you have read the Terms and Conditions and that you accept the terms thereof. You agree to read these Terms and Conditions carefully before using EFC’s website. If you do not agree to the Terms and Conditions, you may not access or otherwise use EFC ‘s website. You accept that EFC’s website is provided on an “as is, as available” basis.
B. Not Legal Advice
The materials included in EFC’s website are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from legal counsel. EFC and its affiliates do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. EFC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website.
C. Product Availability
Under no circumstances shall EFC be responsible to Customer or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, war, civil disturbance, vendor problems or any cause beyond EFC’s reasonable control.
D. Affiliate Service Provider
EFC retains the discretion to fulfill credit services through a credit services processor or affiliate.
E. Confidentiality
You, the Customer, acknowledge that by reason of its relationship to EFC here under you may have access to certain information and materials concerning EFC’s business plans, Customers, technology, and products that is confidential and of substantial value to EFC, which value would be impaired if such information were disclosed to third parties. Customer agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by EFC. EFC shall advise Customer whether or not it considers any particular information or materials to be confidential.
F. Conflict of Interest
Customer warrants to EFC that it does not currently represent or promote any lines or products that compete with the EFC’s Products.
G. Limitation of Liability
In the event of termination by either party in accordance with any of the provisions of these Terms and Conditions, neither party shall be liable to the other, because of the termination for compensation or reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of EFC.
H. Arbitration
Customer and EFC agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or their breach, termination, enforcement, interpretation or validity thereof or the use of EFC’s website or services will be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court and (b) bring an action seeking in-junctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the County of Chesterfield, Virginia, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Customer acknowledges and agrees that Customer and EFC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both Customer and EFC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the preceding sentence, this Arbitration section will survive any termination of these Terms and Conditions. The arbitration will be administered by JAMS in accordance with the JAMS Rules then in effect, except as modified by this Arbitration section. The arbitrator’s decision will be binding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the individual claim.
I. Governing Law
You agree that: (a) the EFC website shall be deemed solely based in Virginia; (b) the EFC website shall be deemed a passive server that does not give rise to personal jurisdiction over EFC, either specific or general, in jurisdictions other than Virginia; and (c) that these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Virginia. Both parties hereby consent to the jurisdiction of any State or Federal Court within the County of Chesterfield, in the State of Virginia.
J. Changes
Changes to these Terms and Conditions will be posted on our website, with a corresponding revision date. Your continued use of the website thereafter constitutes acceptance of the changes made. Please check the website, each time you use it for the most current information, and to ensure that you are aware of any updates.
K. Indemnity
You hereby agree to defend, indemnify and hold harmless EFC, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorney’s fees, arising from: (a) your use of and access to EFC’s website; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim brought by a third party based on your conduct. This defense and indemnification obligation will survive these Terms and Conditions and your use of EFC’s website.
L. Entire Agreement
These Terms and Conditions contain the entire agreement of the parties with respect to the subject matter of the Term and Conditions, and supersede all agreements and understandings with respect thereto. No modification of or amendment to these Terms and Conditions, nor any waiver of any rights under these Terms and Conditions, shall be effective unless it is in a writing signed by the party to be charged.
M. Severability
If any provision or clause in these Terms and Conditions is declared invalid or unenforceable, such provision or clause is severable from the other provisions, or remainder of the clause, which will shall remain in effect. N. Disclosure Statement Required Pursuant to State and Federal Law – Consumer Credit Rights
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, 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 3 business 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 re-investigate 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.
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
Separate Statement Requirement.–The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.
Retention of Compliance Records.– (1) In general.–The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. (2) Maintenance for 2 years.–The copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.