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This
Fowler and Fowler Credit (UK) Ltd. Internet Web Site Terms and
Conditions of Use Agreement (the “Terms of Use”) is between the party
clicking “accept” below and/or using The Site (”you”) and Fowler and
Fowler (”we” or “us”), with a
principal place of business at 83-85 Curtain Road, London/EC2A 3BS,
United Kingdom and a US branch office located at 12722 US Hwy.
98, Sebring, FL 33876. You should carefully read the Terms of Use before
using The Site. By using The Site you agree to be bound by the terms and
conditions of use set forth in the Terms of Use. This is a legally
binding agreement. If you do not agree with the Terms of Use you should
not use The Site and must leave The Site.
1. We agree to provide you access to The Site in accordance with the
Terms of Use.
2. You agree to use The Site in a manner consistent with the Terms of
Use and all applicable rules and regulations. You acknowledge that you
have read the Terms of Use and that you accept the terms thereof. You
agree to read these terms of use carefully before using The Site. If you
do not agree to the Terms of Use, you may not access or otherwise use
The Site.
3. You accept that The Site is provided on an “as is, as available”
basis.
4. The materials included in The Site 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.
ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR
INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO
MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL
ADVICE OR A SUBSTITUTE THEREFORE. Fowler and Fowler does not represent or endorse the accuracy or
reliability of any advice, opinion, statement, or other information
displayed or distributed through The Site. You acknowledge that any
reliance upon any such materials, opinion, advice, statement,
memorandum, or information shall be at your sole risk. Fowler and Fowler
reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of The
Site.
5. YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY TIME FOR
ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO
THE OTHER PARTY.
6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR
MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED
FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THE SITE. BY AGREEING
TO THESE TERMS YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE
THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED
STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE
PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what
type of data (if any) is held about you can be obtained by clicking
here to review our
privacy policy or by
contacting us.
7.The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions,
and other copyright laws. You are authorized to download one copy of the
material displayed or performed on The Site (”Content”) on one computer
for your personal, non-commercial use only but you may not in so doing
remove or amend any trademark, copyright or other proprietary notice.
All materials contained on The Site are protected by copyright, and are
owned or controlled by Fowler and Fowler or the party credited as the
provider of the Content. You will abide by any and all additional
copyright notices, information, or restrictions contained in any Content
on The Site. Permission is given to view the material on these web pages
and save that material only for your personal reference. Copying or
storing of any Content for other than personal, noncommercial use is
expressly prohibited without the prior written permission from Fowler
and Fowler or the copyright holder identified in the individual Content's
copyright notice.
8. Subject to the above, you may not modify, copy, distribute, republish
or upload any of the material on The Site in any way unless you obtain
the prior written consent Fowler and Fowler . No intellectual property or other rights shall be transferred to
you through your use of The Site. We are not able to confirm that the
materials contained on these web pages are correct in every case. Fowler
and Fowler reserves the right to make
changes to The Site, including the availability of any feature,
database, Content, Web page materials, product information and prices on
The Site at any time without notice or liability. Fowler and Fowler may also impose limits on certain
features and services or restrict your access to parts or all of The
Site without notice or liability. The prices listed on The Site
are approximate and the actual cost may be more or less depending on
each situation. Please contact the office for an exact price
quote.
9. To the extent that any portions of The Site (such as “chat rooms” or
“bulletin boards”) provide users an opportunity to post and exchange
information, ideas or opinions (”Postings”), BE ADVISED THAT WE DO NOT
SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB
SITE, and Postings do not necessarily reflect our views. To the fullest
extent permitted by applicable laws, we exclude all responsibility and
liability for the Postings or for any losses or expenses resulting from
their use and/or appearance on The Site.
10. You represent, warrant and covenant that: (a) you shall not upload,
post or transmit to or distribute or otherwise publish through The Site
any materials which (i) restrict or inhibit any other user from using
and enjoying The Site, (ii) are unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent, (iii) constitute or encourage conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity or any other
proprietary right, (v) contain a virus or other harmful component, (vi)
contain any information, software or other material of a commercial
nature, (vii) contain advertising of any kind, or (viii) constitute or
contain false or misleading indications of origin or statements of fact;
and (b) that you are at least eighteen (18) years old.
11. We reserve the right to monitor all Postings or other materials
posted on The Site and to remove any which we consider in our absolute
discretion to be offensive or otherwise in breach of these Terms of Use.
We do not and cannot review all materials posted to The Site by users,
and we are not responsible for any such materials posted by users.
However, we reserve the right at all times to disclose any information
as necessary to satisfy any law, regulation or government request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, that in the sole discretion of Fowler and Fowler are objectionable or in violation of these Terms of
Use.
12. You hereby represent and warrant that you have all necessary rights
in and to all Postings you provide and all material they contain and
that such Postings shall not infringe any proprietary or other rights of
third parties. By posting messages, uploading files, inputting data or
engaging in any other form of communication (individually or
collectively “Communications”) to The Site, you hereby grant to Fowler
and Fowler, subject to our privacy
policy, a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise exploit such Communications, in all media now
known or hereafter developed. You hereby waive all rights to any claim
against Fowler and Fowler for any
alleged or actual infringements of any proprietary rights, rights of
privacy and publicity, moral rights, and rights of attribution in
connection with such Communications.
13. You acknowledge that transmissions to and from The Site are not
confidential and your Communications may be read or intercepted by
others. Any unprotected e-mail communication over the Internet is
subject to possible interception or loss, is not confidential and is
also subject to possible alteration. We are not responsible for and will
not be liable to you or any third party for damages in connection with
an e-mail sent by you to us or an e-mail sent by us to you, or anyone
you designate, at your request. Violators of this section who use our
services for any illegal purpose including but not limited to repeated
unwanted emails or “Spam,” may be prosecuted to the full extent of the
law.” You acknowledge that by submitting Communications to Fowler and
Fowler , no confidential, fiduciary,
contractually implied or other relationship is created between you and
Fowler and Fowler other than pursuant to these Terms of Use and any
subsequent written agreement entered into with Fowler and Fowler.
14. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED
“AS IS, AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FOWLER
AND FOWLER AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON
THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY
THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR
SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SITE OR ANY LINKED SITE. FURTHER, FOWLER AND FOWLER
AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOWLER AND FOWLER
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOWLER AND FOWLER AND ITS SUBSIDIARIES
AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
FURTHER, IN NO EVENT WILL FOWLER AND FOWLER BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES,
AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR
ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A
VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS
OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS THE SITE OR ANY WEB SITE
WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR
ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU
CONSIDER NECESSARY.
15. You hereby agree to indemnify, defend and hold Fowler and Fowler, and all its officers, directors,
owners, agents, employees, information providers, affiliates, licensors
and licensees (collectively, the “Indemnified Parties”) harmless from
and against any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of
these Terms of Use or the foregoing representations, warranties and
covenants, including, without limitation, attorneys' fees and costs. You
shall cooperate as fully as reasonably required in the defense of any
claim. Fowler and Fowler reserves the
right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you and you shall
not in any event settle any matter without the written consent of Fowler
and Fowler.
16. Where we provide hypertext links from or to third party sites we do
so for convenience and information purposes only. We do not review,
endorse, approve or control, and are not responsible for any sites
linked from or to the Website, the content of those sites, the third
parties named therein, or their products, resources or services. Linking
to any other site is at your sole risk and we will not be responsible or
liable for any damages in connection with linking, and we accept no
liability nor make any endorsement or approval of the same.
17. These Terms of Use contain the entire understanding between us with
respect of The Site and no representation, statement, inducement oral or
written, not contained herein shall cgi-bind either of us. Fowler and
Fowler reserves the right, at its sole
discretion, to change, modify, add or remove any portion of these Terms
of Use, in whole or in part, at any time. Notification of changes in
these Terms of Use will be posted on The Site.
18. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not
affect the validity of any remaining portion and such remaining portion
shall remain in full force and effect as if the invalid portion of the
Terms of Use had been eliminated.
19. The Site, any information provided from it and the Terms of Use are
given and made in the state of Florida, United States of America. THIS
TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF
LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR
PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT
SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN PALM BEACH
COUNTY IN THE STATE OF FLORIDA.
20. Pursuant to Federal law we are providing the following separate
written statement for your review and to acknowledge receipt thereof,
which, pursuant to the requirements of Federal law, will also be
delivered with any contract for credit repair services entered into with
Fowler and Fowler:
Disclosure Statement Required Pursuant to Federal Law
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 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 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
WPB_DS-25834-1
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