Agreement between User and Gibbsfinancialfitness.com
Welcome to Gibbsfinancialfitness.com. The Gibbsfinancialfitness.com website (the "Site") is comprised of various web pages operated by Gibbs Financial Fitness.
Gibbsfinancialfitness.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Gibbsfinancialfitness.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Gibbsfinancialfitness.com is an E-Commerce Site.
Gibbs Financial Fitness sells services to the consumer. The services include financial counseling, financial education, and credit restoration.
Visiting Gibbsfinancialfitness.com or sending emails to Gibbs Financial Fitness constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Gibbs Financial Fitness does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Gibbsfinancialfitness.com only with permission of a parent or guardian.
Disclaimer About Results/Lack of Results Regarding Credit Improvement
Due to the nature of this business, legally we do not make any guarantees or promises as to what will be deleted from your credit report, there is no way for us to be able to know this information. We simply use our knowledge of federal consumer right laws and challenge the creditors and credit bureaus to make sure everything on your credit right is 100% correct. We are committed to challenging any and all inaccurate, erroneous, incomplete, misleading information on your behalf. We cannot not guarantee any deletions, however we make every attempt possible.
Also, there may be cases where you will have to call the creditors and make arrangements on some accounts. You may have to have to start new credit accounts, which may require money. You may have to pay down credit accounts to result in a high utilization. All in efforts, to increase your credit score.
IF THE CUSTOMER OBTAINS ANY NEW LATE PAYMENTS, THEY ARE SUBJECTED TO BE REMOVED FROM THE PROGRAM. THIS COUNTERACTS ARE THE HARD WORK WE ARE DOING AND IT WILL NOT BE TOLERATE. THERE IS NO REFUND IF YOU ARE TERMINATED FROM THE PROGRAM BECAUSE THERE ARE NEW LATE PAYMENTS ON YOUR CREDIT FILE AFTER YOU STARTED THE PROGRAM. IF YOU SUBMIT A CHARGE BACK AGAINST OUR COMPANY, WE WILL NOTIFY THE POLICE FOR YOUR FRAUDULENT ACT, PRESS CHARGES, SUE YOU IN COURT, AND YOU WILL BE RESPONSIBLE FOR ALL ATTORNEY FEES, FINES, AND POSSIBLE JAIL TIME. ILLEGAL CHARGE BACKS ARE CRIMINAL ACTS AND WILL BE PUNISHED TO THE HIGHEST EXTEND.
In the event of a slanderous act, we have the right to sue for damages and you will be responsibility to pay any and all legal fees. You agree to not making bad reviews online as well. Accepting this agreement says that you agree to these terms and conditions. Slanderous acts also, result in immediate termination from this program with no refund.
To the nature of this business, all sales are final and no refunds will be issued. Customer may cancel your subscription to the financial service plans once their balance is paid in entirety.
Chargebacks/ Failure to pay
If you Fail to pay or do a chargeback then you will be subject to our company hiring a collection company to send you a notice of collection and this could be put on your credit report as a collection. You would then be liable for the chargeback fees and the amount that you charged back to our company. We would rather work this out with you than going in this direction, but we are a business and we must protect our company from any malicious acts that could damage our company’s reputation. We work to send you up to 5 notices before we issue this to a Collection company in efforts to get this resolved.There should never be a situation that someone would need to do a chargeback unless they too are being victimized by someone stealing their information and using it without permission. We do NOT tolerate or condone people who are only out to get services from our company then do a chargeback only after they have had their financial profile and credit file improved, this is not tolerated. Legal action will be taken against anyone who does this. We are not out to selfishly attack anyone but only to ensure our company is not damaged by a few who would seek to do so. We will file a police report against you for fraud if you file a chargeback against us after you have used our services. This could result in jail time. Please be mindful and aware of our policies.
Links to Third Party Sites/Third Party Services
Gibbsfinancialfitness.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Gibbs Financial Fitness and Gibbs Financial Fitness is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gibbs Financial Fitness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gibbs Financial Fitness of the
site or any association with its operators.
Certain services made available via Gibbsfinancialfitness.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Gibbsfinancialfitness.com domain, you hereby acknowledge and consent that Gibbs Financial Fitness may share such information and data with any third party with whom Gibbs Financial Fitness has a
contractual relationship to provide the requested product, service or functionality on behalf of Gibbsfinancialfitness.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gibbs Financial Fitnessor its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Gibbs Financial Fitness content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gibbs Financial Fitness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gibbs Financial Fitnessor our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Gibbs Financial Fitness from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gibbs Financial Fitness Content accessed through Gibbsfinancialfitness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Gibbs Financial Fitness, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gibbs Financial Fitness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gibbs Financial Fitness in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gibbs Financial Fitness agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Gibbs Financial Fitness reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gibbs Financial Fitness as a result of this agreement or use of the Site. Gibbs Financial Fitness's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gibbs Financial Fitness's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gibbs Financial Fitness with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gibbs Financial Fitness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gibbs Financial Fitness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Gibbs Financial Fitness reserves the right, in its sole discretion, to change the Terms under which Gibbsfinancialfitness.com is offered. The most current version of the Terms will supersede all previous versions. Gibbs Financial Fitness encourages you to periodically review the Terms to stay informed of our updates.
Gibbs Financial Fitness welcomes your questions or comments regarding the Terms:
Gibbs Financial Fitness
Sheridan, WY 82801
Effective as of January 01, 2016