Terms of Service
Terms of Service
Last Updated on May 15 th , 2024
PURPOSE OF THIS AGREEMENT
Welcome to Credit Counsel Elite, LLC, creditcounselelite.com . This Agreement sets forth your
rights and obligations as a Credit Counsel Elite, LLC User. By clicking “I Agree,” You indicate
that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS
AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR
SUBSCRIBING OR PLACING AN ORDER OVER creditcounselelite.com THESE
TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL
BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS
AGREEMENT FOR YOUR RECORDS.
The use of creditcounselelite.com (hereafter “Website”), which is owned and maintained by
Credit Counsel Elite, LLC (“Credit Counsel Elite, LLC,” “we,” “our,” “us”), is governed by the
terms and conditions set forth below. We offer the Website, including all information, tools, and
services available from the Website to you, the user, conditioned upon your acceptance of all
terms and conditions stated here. By accessing, using, subscribing, or placing an order over the
Website, you and your business agree to the terms set forth herein. If you do not agree to these
terms and conditions in their entirety, you are not authorized to use the Website in any
manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE
(“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY
BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS
(“YOU”) AND Credit Counsel Elite, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS
TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY Credit Counsel
Elite, LLC, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR
OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR
ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE
THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A
JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY
AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Credit Counsel Elite, LLC reserves the right to update and change, from time to time, these
Terms and all documents incorporated by reference by posting updates and/or changes to
our Website. It is your responsibility to check this page periodically for changes. You can
find the most recent version of these Terms at Terms of Service. Use of the Website after
such changes constitutes acceptance of such changes. Any new features or tools which are
added to the current Website shall also be subject to the Terms.
Table of Contents
1. Website Use
2. Website User Conduct and Restrictions-License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-
Party Agency Accounts
5. Order Placement and Acceptance
6. Refunds for Hard Goods
7. Automatic Enrollment and Payment, and Cancellation
8. Subscription Terms and Automatic Payment
9. Shipping Fees
10. Products, Services, and Prices Available on the Website
11. Important Disclosures
12. Testimonials, Reviews, and Pictures/Videos
13. DISCLAIMERS OF OTHER WARRANTIES
14. LIMITATIONS OF LIABILITIES
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
16. Credit Counsel Elite, LLC’s Additional Remedies
17. Indemnification
18. Notice and Takedown Procedures; Copyright Agent
19. Third-Party Links
20. Termination
21. No Waiver
22. Governing Law and Venue
23. Force Majeure
24. Assignment
25. Electronic Signature
26. Changes to the Agreement
27. Your Additional Representations and Warranties
28. Severability
29. Entire Agreement
30. Contacting Us
31. Data Privacy Shield
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are
affirming that you are at least 18 years old or the legal age of majority in your state or province
of residence (whichever is greater), operate a business, have the legal capacity to enter into a
binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and
other intellectual property laws, including all content, information, design elements, text
material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories,
icons, video and audio clips, and downloads. No material on the Website may be copied,
reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way
whatsoever. Credit Counsel Elite, LLC trademark and logo are proprietary marks of Credit
Counsel Elite, LLC, and the use of those marks is strictly prohibited. Nothing herein gives you
the right to use, copy, register as a domain name, reproduce, or otherwise display any logo,
tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or
confidential information owned by Credit Counsel Elite, LLC.
Subject to your continued strict compliance with all Terms, Credit Counsel Elite, LLC provides
to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable
license to use the Website. You acknowledge and agree that you do not acquire any ownership
rights in any material protected by intellectual property laws.
If you purchase a subscription to Credit Counsel Elite, LLC software over the Website, Credit
Counsel Elite, LLC provides to you a revocable, limited, non-exclusive, non-sublicenseable,
non-transferrable license to use the software. You acknowledge and agree that: (1) the software
is copyrighted material under United States and international copyright laws that is exclusively
owned by Credit Counsel Elite, LLC; (2) you do not acquire any ownership rights in the
software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create
derivative works from the content of the software; (4) except as otherwise expressly permitted
under copyright law, you may not copy, redistribute, publish, display or commercially exploit
any material from the software without the express written permission of Credit Counsel Elite,
LLC; and (5) in the event of any permitted copying (e.g., from the Website to your computer
system), no changes in or deletion of author attribution, trademark, legend or copyright notice
shall be made.
You agree not to use or attempt to use the Website, or any software provided by Credit Counsel
Elite, LLC, whether alone, or in conjunction with other software or hardware, in any unlawful
manner or a manner harmful to Credit Counsel Elite, LLC. You further agree not to commit any
harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the
Website or through use of any software or hardware including, but not limited to, refraining
from:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the
law; infliction of harm to Credit Counsel Elite, LLC’ reputation; hacking and other digital or
physical attacks on the Website; and the violation of the rights of Credit Counsel Elite, LLC or
any third party;
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance
for spam and unsolicited communications. Any communications sent or authorized by you
reasonably deemed “spamming,” or any other unsolicited solicitations (including without
limitation postings on social media or third-party blogs) will be deemed a material threat to
Credit Counsel Elite, LLC’s reputation and to the rights of third parties. It is your obligation,
exclusively, to ensure that all business communications comply with state and local anti-
spamming or analogous laws.
A. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists
or other content you upload to any website, software, or other electronic service hosted, provided
by or connected to Credit Counsel Elite, LLC, any of the following information: social security
numbers, national insurance numbers, credit card data, passwords, security credentials, bank
account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information.
Your submission of personal information through the Website is governed by our Privacy
Statement. Our Privacy Statement may be viewed at creditcounselelite.com . Credit Counsel
Elite, LLC reserves the right to modify its Privacy Statement in its reasonable discretion from
time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a Credit Counsel Elite, LLC user, you will be required to create an account with Credit
Counsel Elite, LLC .You warrant that the information you provide us is truthful and accurate,
and that you are not impersonating another person. You are responsible for maintaining the
confidentiality of any password you may use to access your Credit Counsel Elite, LLC user
account, and you agree not to transfer your password or username or lend or otherwise transfer
your use of or access to your user account, to any third party. So called “agency accounts,” or
accounts in which you host funnels for third parties, are prohibited. Should your usage data
indicate, in Credit Counsel Elite, LLC’ sole and exclusive discretion, that you are operating an
agency account, you will be subject to cancellation of your Credit Counsel Elite, LLC user
account or enhanced pricing for your Credit Counsel Elite, LLC user account, at Credit Counsel
Elite, LLC’ sole and exclusive discretion. You are fully responsible for all transactions with, and
information conveyed to, Credit Counsel Elite, LLC under your user account. You agree to
immediately notify Credit Counsel Elite, LLC of any unauthorized use of your password or user-
name or any other breach of security related to your user account. You agree that Credit Counsel
Elite, LLC is not liable, and you will hold Credit Counsel Elite, LLC harmless, for any loss or
damage arising from your failure to comply with any of the foregoing obligations. Please see
Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted.
We may require additional information regarding your order if any required information was
missing or inaccurate and may cancel or limit an order any time after it has been placed. Your
electronic order confirmation, or any form of confirmation, does not signify our acceptance of
your order. You must contact us immediately at [email protected] in order to
modify or cancel your pending order. We cannot guarantee that we will be able to amend your
order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected
availability date, and may offer you an alternative product or service. If the availability of any
product or service is delayed and you do not wish to substitute the product or service, upon your
request, we will cancel your order and if previously charged, your payment card will be fully
refunded for that specific order. We reserve the right to limit the sales of our products and
services to any person, geographic region, or jurisdiction. We may exercise this right on a case-
by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your
acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from Credit
Counsel Elite, LLC or any related brands, you may receive a limited refund if you comply with
the following conditions:
1. You must request a refund in writing by contacting [email protected]
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to Credit Counsel Elite, LLC immediately, according to the
shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Credit Counsel Elite, LLC in like-new, or re-sellable
condition, as determined in Credit Counsel Elite, LLC’ sole, reasonable discretion.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, you
must contact us at least 24 hours before your free trial period ends by submitting a
cancellation request to us via our support email address [email protected].
If you do not contact us at least 24 hours before your free trial period ends to cancel, your
subscription will automatically continue and the payment card that you provided at the
time of enrolment online will be charged the full Credit Counsel Elite, LLC monthly
membership subscription rate provided at the time of enrollment each month until you
cancel. Credit Counsel Elite, LLC can change the monthly membership subscription rate at any
time. If the membership subscription rate changes after you subscribe, we will notify you by e-
mail and give you an opportunity to cancel.
If you wish to cancel your Credit Counsel Elite, LLC subscription (including subscriptions for
services) at any time after a free trial or discounted period ends, you must submit a cancellation
request to us via our support email address [email protected]. For monthly
subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of
cancellation by email. If you provide such notice less than ten (10) days before the first day of
your next subscription month, your credit card may still be charged. You will not be entitled to
prorate your last month’s use, nor will you be entitled to any refund for any payments to Credit
Counsel Elite, LLC; Credit Counsel Elite, LLC in its sole discretion may charge a cancellation
fee equal to the amount the subscription was discounted.
Important: Credit Counsel Elite, LLC Book Orders
Please allow 10-14 business days to receive your free book.
To receive your order, you must pay a one-time shipping and handling fee of $8.95. A single
copy of Credit Counsel Elite, LLC book is free when you cover the cost of shipping. Additional
shipping may apply for rush shipping or additional products ordered.
I'm so confident that you’ll love my book that I am giving you a 100% Satisfaction
GUARANTEE! If you don’t love it, I will refund your shipping and handling cost and let you
keep the book anyway! That’s right. You don’t even need to send anything back. Just call
customer service and I’ll give you back your shipping cost - no questions asked.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A Credit Counsel Elite, LLC user is responsible for paying all sums due to Credit Counsel Elite,
LLC in connection with their monthly subscription in accordance with these Terms. The first fee
payable in accordance with these Terms is due when the user account is set up and payment of
the monthly fee is a condition of access, or after your free trial ends and you have not canceled
the automatic subscription with us. Every calendar month, your account will be charged the
subscription fee plus applicable tax for the following month’s subscription, together with any
other fees for the following month’s subscription plus any accumulated charges for the past
period (collectively, “Fees”). Failure by Credit Counsel Elite, LLC user to use any of the
services available through the service provided by Credit Counsel Elite, LLC does not relieve
Credit Counsel Elite, LLC user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us
through our secure financial data collection mechanism. You acknowledge and agree that we
hold data relating to the transaction, including the last four digits and the expiration date of the
card used to purchase the products or services together with details on when payment is due.
You further acknowledge and agree that payments are due on a recurring basis in
accordance with the payment terms for the specific service purchased (unless the
subscription is cancelled in accordance with these Terms) and therefore authorize the
automatic payment collection terms applicable to that specific service (e.g., on a monthly
basis and for a specific amount).
IF YOU ARE A Credit Counsel Elite, LLC USER WITH A MONTHLY SUBSCRIPTION AND
YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN
ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY
PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY)
AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE
TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO
Credit Counsel Elite, LLC, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD
OR BY E-MAILING [email protected]. AT LEAST TEN (10) DAYS BEFORE
THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Credit Counsel Elite, LLC reserves the right to immediately terminate a user’s account and/or
service for any unpaid (in whole or part) period of the subscription (with or without notice).
Termination of service in no way relieves or excuses the user from any obligation to pay
outstanding charges or expenses. In the event Credit Counsel Elite, LLC starts collection
processes of any type, you will be liable for all collection costs, including legal fees and
expenses, as provided in Section 20 below.
In addition to any Fees, Credit Counsel Elite, LLC may also charge applicable value added or
other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical
product, we reserve the right to add applicable shipping and handling fees to your order. Unless
otherwise stated, we will use commercially reasonable efforts to fulfill your order within a
reasonable time after receipt of your properly completed and verified order. Accurate shipping
address and phone number information is required. Although we may provide delivery or
shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If
your order will be delayed, we will contact you at the e-mail address you provided when placing
your order. If we are unable to contact you or you would like to cancel your order, we will cancel
the order and refund the full amount charged. We shall not be liable for any loss, damage, cost,
or expense related to any delay in shipment or delivery caused by any third-party carrier or other
delivery service not owned or controlled by us. The risk of loss and title for such items pass to
you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to
change: creditcounselelite.com . Credit Counsel Elite, LLC reserves the right, without notice, to
discontinue products or services or modify specifications and prices on products and services
without incurring any obligation to you. Except as otherwise expressly provided for in these
Terms, any price changes to your subscription or purchase of product(s) or services will take
effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By
accessing, using, subscribing, or placing an order over the Website, you authorize Credit Counsel
Elite, LLC to charge your account in the amount indicated for the value of the services you
select, including any future price changes. If you request a downgrade in services, the downgrade
(and corresponding price reduction) will become effective on the first day of the month
following your requested downgrade. By your continued use of Credit Counsel Elite, LLC
services, and unless you terminate your subscription as provided herein, you agree that Credit
Counsel Elite, LLC may charge your credit card monthly for the products and services you have
selected, and you consent to any price changes for such services after e-mail notice has been
provided to you.
Credit Counsel Elite, LLC takes reasonable steps to ensure that the prices set forth on the
Website are correct, and to accurately describe and display the items available on the Website. If
the correct price of our product is higher than its stated price, we will, at our discretion, either
contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Credit Counsel Elite, LLC does not warrant
that product or service descriptions are accurate, complete, current, or error-free, or that
packaging will match the actual product that you receive. All sales are deemed final except as
provided in Section 6 of these Terms. Credit Counsel Elite, LLC’ descriptions of, or references
to, products or services not owned by Credit Counsel Elite, LLC are not intended to imply
endorsement of that product or service or constitute a warranty by Credit Counsel Elite, LLC.
SECTION 11 – IMPORTANT DISCLOSURE
Credit Counsel Elite, LLC is a publisher and education company. You understand that no content
published as part of the Services constitutes a recommendation that any particular investment,
security, portfolio of securities, transaction or investment strategy is suitable for any specific
person. You further understand that none of the creators or providers of our Services or their
affiliates will advise You personally concerning the nature, potential, value or suitability of any
particular investment, security, portfolio of securities, transaction, investment strategy or other
matter. Accordingly, do not attempt to contact them seeking personalized investment advice,
which they cannot provide. To the extent any of the content published as part of the Services
may be deemed to be investment advice, such information is impersonal and not tailored to the
investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The
Services may contain opinions from time to time regarding securities mentioned in other
Services, and that those opinions may be different from those obtained by using another portion
of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and
bonds) involves risk and volatility. Past results are not necessarily indicative of future
performance.
You understand and agree that certain of Credit Counsel Elite, LLC’s affiliates and employees
may, from time to time, have long and short positions in, or buy or sell the securities, or
derivatives thereof, of companies mentioned in respective Services and may take positions
inconsistent with the views expressed.
Third-Party Content is not subject to Credit Counsel Elite, LLC’s investment policy and
therefore the preceding paragraph does not apply to Third-Party Content, Credit Counsel Elite,
LLC makes no representations regarding Third-Party Content, nor is Credit Counsel Elite, LLC
liable for Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the
calculations therein are made using such data, and that such calculations are not guaranteed by
these sources, the information providers, or any other person or entity, and may not be complete.
In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and
opinions we have published. These references may be selective, may reference only a portion of
an article or recommendation, and may not be current. As markets change continuously,
previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time
quote services available to users of certain Services) are delayed. When U.S. exchanges are not
open, quotes are only current as of the close of the last day of trading. Before selling or buying
any investment, You should consult with a qualified broker or other financial professional to
verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of
investments, as described below, such portfolio of investments is chosen by the author in
accordance with their stated investment strategy. Your actual results may differ from results
reported for the portfolio for many reasons, including, without limitation:
- performance results for the portfolio do not reflect actual trading commissions that You
may incur;
- performance results for the portfolio do not account for the impact, if any, of certain
market factors, such as lack of liquidity, that may affect Your results;
- the investments chosen for the portfolio may be volatile, and although the “purchase” or
“sale” of an investment in a portfolio will not be effected in the portfolio until after the
sending of an email alert from Credit Counsel Elite, LLC has been commenced, server,
delivery delays and other factors may cause the price You obtain to differ substantially
from the price at the time of the alert;
- You may not have the capital to trade as frequently as the portfolio;
- the size and timing of a subscriber’s purchase or sale of a stock may affect the price of
the stock.
SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Credit Counsel Elite, LLC is pleased to hear from users and customers and welcomes your
comments regarding our services and products. Credit Counsel Elite, LLC may use testimonials
and/or product reviews in whole or in part together with the name, city, and state of the person
submitting it. Testimonials may be used for any form of activity relating to Credit Counsel Elite,
LLC’ services or products, in printed and online media, as Credit Counsel Elite, LLC determines
in its sole and exclusive discretion. Testimonials represent the unique experience of the
participants and customers submitting the testimonial, and do not necessarily reflect the
experience that you and your business may have using our services or products. As set forth
above in Section 11, your business’ results will vary depending upon a variety of factors unique
to your business and market forces beyond Credit Counsel Elite, LLC’ control. Note that
testimonials, photographs, and other information that you provide to us will be treated as non-
confidential and nonproprietary, and, by providing them, you grant (Credit Counsel Elite, LLC a
royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Credit Counsel Elite, LLC reserves the right to correct grammatical and typing
errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to
publication or use. Credit Counsel Elite, LLC shall be under no obligation to use any, or any
part of, any testimonial or product review submitted.
SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS
AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY
DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE
SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D)
THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS
IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S)
THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless Credit Counsel Elite, LLC its
officers, directors, employees, owner(s), and parent company(ies) and assigns from and against
all claims, demands, and causes of action of every kind and character without limit arising out of
Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim
against Credit Counsel Elite, LLC for liability for payments for, damages caused by, or other
liability relating to, You.
SECTION 14 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO
EVENT SHALL Credit Counsel Elite, LLC OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR
ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO
THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR
OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY
SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER Credit Counsel
Elite, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES,
COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE,
LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT
OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED,
AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR
OTHERWISE.
IN NO EVENT SHALL Credit Counsel Elite, LLC’ LIABILITY TO YOU OR YOUR
BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY
YOU TO Credit Counsel Elite, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH
THE FACTS GIVING RISE TO A CLAIM AGAINST Credit Counsel Elite, LLC OCCURRED
OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION
AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND
YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU
AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS
MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU
AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE
RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT,
SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR
MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING
A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR
MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE
OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON
AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT
(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY
DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at
[email protected] to attempt to resolve the dispute or controversy informally. Any
controversy or claim arising out of or related to the use of the Website, any product, service, or
software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us
that cannot be resolved through such informal process or through negotiation within 120 days
shall be resolved by binding, confidential arbitration administered by the American Arbitration
Association (“AAA”), and judgment on the award rendered may be entered in any court having
jurisdiction thereof. We agree that any claim we may have against you or your business will also
be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The
arbitration will be conducted by a single neutral arbitrator in the English language in Contra
Costa County, California, unless we both agree to conduct the arbitration by telephone or written
submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot
agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in
accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in
effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at
www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole
authority to resolve any dispute relating to the interpretation, construction, validity, applicability,
or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this
arbitration provision, and any other terms incorporated by reference into these Terms and
Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to
determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole
authority to determine whether this arbitration agreement can be enforced against a non-
signatory to this agreement and whether a non-signatory to this agreement can enforce this
provision against you or Credit Counsel Elite, LLC.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.
In all other respects, the parties shall each pay their own additional fees, costs, and expenses,
including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of California without regard to its
conflicts of laws principles. Any award rendered shall include a confidential written opinion and
shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
Judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
You and Credit Counsel Elite, LLC agree that disputes will only be arbitrated on an individual
basis and shall not be consolidated, on a class wide, representative basis, or with any other
arbitration(s) or other proceedings that involve any claim or controversy of any other party. You
and Credit Counsel Elite, LLC expressly waive any right to pursue any class or other
representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular
claim will not constitute a waiver of any rights to require arbitration at a later time or in
connection with any other claims except that all claims must be brought within 1 year after the
claim arises (the 1 year period includes the 120-day informal resolution procedures described
above).
This arbitration provision sets forth the terms and conditions of our agreement to final and
binding confidential arbitration and is governed by and enforceable under the Federal Arbitration
Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Credit Counsel Elite,
LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable
(i.e., unenforceability would allow arbitration to proceed as a class or representative action), then
this entire arbitration provision shall be rendered null and void and shall not apply. If a portion
of this arbitration provision (other than the class action waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR
CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY
AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 16 – Credit Counsel Elite, LLC’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Credit Counsel Elite, LLC, in the event of any
breach or threatened breach by you of the provisions of this Agreement or any infringement or
threatened infringement by you of the intellectual property of Credit Counsel Elite, LLC or a
third-party, Credit Counsel Elite, LLC shall be entitled to seek a temporary restraining order and
preliminary and permanent injunctions or other equitable relief from a court of competent
jurisdiction located in Contra Costa County, California restraining such breach, threatened
breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed
as prohibiting Credit Counsel Elite, LLC from pursuing in court any other remedies available to
it for such breach, threatened breach, infringement, or threatened infringement, including the
recovery of monetary damages from you and your business. You and your business hereby
irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts
of Contra Costa County, California for all such claims, and forever waive any challenge to said
courts’ exclusive jurisdiction or venue.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Credit
Counsel Elite, LLC, its directors, officers, employees, shareholders, licensors, independent
contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from
and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs
of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other
dispute resolution, arising out of, resulting from, or in any way connected with or related to (1)
your use, misuse, or attempt to use the Website, software, products, or services, (2) information
you submit or transmit through the Website, (3) your breach of these Terms, the documents they
incorporate by reference, the Agreement, or the representations and warranties provided by you
in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM
COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you
own, you or your agent may send Credit Counsel Elite, LLC a notice requesting that Credit
Counsel Elite, LLC remove the materials or content from the Website. If you believe that
someone has wrongly filed a notice of copyright infringement against you, you may send Credit
Counsel Elite, LLC a counter-notice. Notices and counter-notices should be sent to Credit
Counsel Elite, LLC, Attention Legal Department, (Company Address) or by e-mail to
[email protected] The Terms fully incorporate by reference the DMCA Policy.
SECTION 19 – THIRD-PARTY LINKS
The Website may contain links to other websites. Credit Counsel Elite, LLC assumes no
responsibility for the content or functionality of any non-Credit Counsel Elite, LLC website to
which we provide a link. Please see our Privacy Policy located at PRIVACY STATEMENT. for
more details.
SECTION 20 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY
ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”,
“PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit
information through the Website, respond to a request for information, begin installing,
accessing, or using the Website, complete a purchase, select a method of payment, and/or enter
in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we
suspect that you have failed, to comply with any term or provision of the Agreement or violated
any law, whether in connection with your use of Credit Counsel Elite, LLC or otherwise, we may
terminate the Agreement or suspend your access to the Website at any time without notice to
you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any
representations, warranties, and other obligations made or undertaken by you, shall survive the
termination of this Agreement and/or your account or relationship with Credit Counsel Elite,
LLC.
Upon termination, you remain responsible for any outstanding payments to Credit Counsel Elite,
LLC.
SECTION 21 – NO WAIVER
No failure or delay on the part of Credit Counsel Elite, LLC in exercising any right, power or
remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of
any such right, power, or remedy preclude any other or further exercise of such right, power, or
remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of
any right or obligation under this Agreement shall only be effective if in writing and signed by
Credit Counsel Elite, LLC.
SECTION 22 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or
your access to or use of the Website, our Privacy Statement. or any matter concerning Credit
Counsel Elite, LLC, including your purchase and use or attempted use of any service or product,
shall be governed exclusively by the laws of State of California without regard to its conflicts of
laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a
court of competent jurisdiction to be excluded from the arbitration agreement in Section 19
above, the parties agree any such claim or dispute shall be exclusively brought in and decided by
the state or federal courts located in Contra Costa County, California, and you hereby
irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts,
and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims
must be brought on an individual and non-class, non-representative basis, and you forever waive
any right to bring such claims on a class wide or representative basis.
SECTION 23 – FORCE MAJEURE
Credit Counsel Elite, LLC will not be responsible to you for any delay, damage, or failure caused
or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 24 – ASSIGNMENT
Credit Counsel Elite, LLC may assign its rights under this Agreement at any time, without notice
to you. Your rights arising under this Agreement cannot be assigned without Credit Counsel
Elite, LLC’ (or its assigns’) express written consent.
SECTION 25 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication.
When you communicate with Credit Counsel Elite, LLC through or on the Website or via other
forms of electronic media, such as e-mail, you are communicating with the company
electronically. You agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other communications that we
provide to you electronically, are equivalent to communications in writing and shall have the
same force and effect as if they were in writing and signed by the party sending the
communication.
SECTION 26 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at Terms. We reserve the
right, at our sole discretion, to update, change or replace any part of the Agreement, including the
Privacy Statement by posting updates and changes to our Website. It is your responsibility to
check our Website periodically for changes. Your continued use of or access to our Website
following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 27 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or
the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate,
and/or have the right to bind the business for which you are using the Website; (3) have read this
Agreement and thoroughly understand and agree to the terms contained in this Agreement; and
(4) that you will not resell, re-distribute, or export any product or service that you order from the
Website. You further represent that Credit Counsel Elite, LLC has the right to rely upon all
information provided to Credit Counsel Elite, LLC by you, and Credit Counsel Elite, LLC may
contact you and your business by email, telephone, or postal mail for any purpose, including but
not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you
placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or
inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade
Commission, any other federal or state governmental agency, or any industry regulatory
authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any
time during the life of the Agreement you, or any business related to You, becomes the subject of
a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other
federal or state governmental agency, or any industry regulatory authority anywhere in the
world, or the subject of any lawsuit, you will notify Credit Counsel Elite, LLC of the same
within 24 hours. Credit Counsel Elite, LLC, at its sole discretion, may terminate the Agreement
based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or
otherwise discovered by Credit Counsel Elite, LLC without incurring any obligation or liability
to you.
SECTION 28 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby
and shall continue in full force and effect and such provision may be modified or severed from
this Agreement to the extent necessary to make such provision enforceable and consistent with
the remainder of the Agreement.
SECTION 29 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitutes the entire agreement and understanding between you and
your business and Credit Counsel Elite, LLC and governs your access to and use of the Website
and your ordering, purchasing, and use and/or attempted use of any service or product, and
supersedes and replaces any prior or contemporaneous agreements, representations,
communications, and proposals, whether oral or written, between you and Credit Counsel Elite,
LLC. We may also, in the future, offer new services and/or features through the Website. Such
new features and/or services shall also be subject to these Terms, the Agreement, and any
policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of
these Terms or the Agreement shall not be construed against the drafting party.
SECTION 30 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and
services. Please feel free to do so by sending an e-mail to [email protected].
If you have any questions or inquiries concerning any of the Terms, you may contact Credit
Counsel Elite, LLC by email at [email protected] or by regular mail at (Company
Address)
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: [email protected].
Spam or Abuse: [email protected].
For General Support and Inquiries: [email protected].
Notices to you may be made by posting a notice (or a link to a notice) on Terms by email, or by
regular mail, at Credit Counsel Elite, LLC’ discretion.
SECTION 31 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on February 8, 2023. It
applies to any person or business that sells or markets goods or services to EU residents or deals
with personal data of those that reside under European Union. The "Personal
Data" definition under GDPR is very broad as it covers any information that could potentially
identify the data subject being targeted.
Is Credit Counsel Elite, LLC GDPR Compliant? In short, yes. Please see our privacy policy at
[email protected].for more information.
Copyright 2024 - Credit Counsel Elite, LLC - All Rights Reserved