Legal/ Privacy Policy | The Credit App

Disclaimer

By using The Credit App parent company First Builders Financial LLC you are agreeing to all of the terms and conditions. Further, The Credit App assumes no responsibility for errors or omissions in the contents on the Service. In no event shall The Credit App be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Credit App is a debt collector and any information provided may be used to collect any debt. The Credit App reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

This Agreement is made by and between The Credit App (“TCA”) parent company First Builders Financial LLC and (“Client”).

Every time you visit this app, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully. By clicking agree or by using this app the parties agree to the following terms and conditions:

1. Client’s Rights and Duties

(a) For debt collection services and credit reporting, Client shall provide TCA with debtor’s name, address, telephone number, email address, detailed balance, days since default, date of birth and relevant documentation (“Account Information”). The more information provided the more accurate the reporting will be.

(b) Client shall upload only bona-fide late payments or defaults. Client shall specifically identify disputed accounts as such upon submission. Client shall not upload any accounts, in which, the client has broken or not complied with any local, state, or federal laws. Client shall not upload accounts that Client knows have been included in bankruptcy. If Client becomes aware that an Assigned Claim is disputed or involved in bankruptcy, Client shall provide immediate notice of such dispute or bankruptcy to TCA.

(c) If a lawsuit by Client or debtor on an account results in a counter claim or cross complaint against Client or TCA, Client shall be solely responsible for the costs of its defense, including, but not limited to, attorney’s fees and court costs. Client/ user shall fully indemnify and hold harmless TCA against all damages legal and otherwise due to or associated with information that client provides to TCA for collection and or reporting purposes. TCA is not responsible for the accuracy of information that it receives from client/ user of the app. Client/ user shall be responsible and indemnify TCA for all damages that is receives by reporting any data on clients behalf including but not limited to attorney fees and any costs that TCA deems necessary to defend itself from claims made by debtors or others in association with information that client provides to TCA for reporting.

2. TCA’s Rights and Duties

(a) TCA will exert its best effort in providing collection and reporting service on all accounts. TCA shall comply with all applicable laws, rules and regulations in performing its services under this Agreement.

(b) Upon submitting each account, TCA shall send notifications to the debtor required under the Fair Debt Collection Practices Act (15 U.S.C. § 1601 et seq.).

(c) TCA shall credit report all accounts pursuant to the provisions of the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). When TCA does credit reporting, Client shall be listed as the original creditor.

(d) TCA reserves the right to cease collection services and/ or credit reporting for client for any reason. There are no refunds for this service for any reason.

(e) TCA can not guarantee the accuracy or the acceptance of the credit report that we provide to the credit agencies. Client is solely responsible for the accuracy of the information it provides TCA.

3. Schedule of Fees

(a) Clients shall be charged $99 per debtor that they wish to report.

4. Indemnify

(a) Client agrees to defend, indemnify and hold harmless TCA and its employees, agents, officers, directors, shareholders, affiliates and attorneys from any claims, losses, damages and suits, including but not limited to reasonable attorney’s fees, it/they may suffer arising out of or related to the breach of any warranty, representation, covenant or term of this Agreement caused by the sole negligence or intentional wrongful act or omission of TCA related to its performance under this Agreement.

5. Privacy Policy

Before you continue using our app we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

6. Copyright

Content published on this app (digital downloads, images, texts, graphics, logos) is the property of The Credit App and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this app is the exclusive property of The Credit App, with copyright authorship for this compilation by The Credit App.

7. Communications

The entire communication with us is electronic. Every time you send us an email or visit our app, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our app, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our app and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

8. User Account

If you are an owner of an account on this app, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion

9. Miscellaneous

(a) This Agreement may be amended by TCA at anytime without notice.

(b) This Agreement shall be governed by the laws of the State of Texas. For any lawsuit invoking or contesting the terms of this Agreement, venue shall be Dallas County.

(c) In the event that any provision or condition in this Agreement shall be invalid, illegal or unenforceable under applicable law of mandatory application, the validity, legality and enforce ability of that provision or condition in other instances and of the remaining provisions shall not in any way be affected thereby.

(The following signature is only necessary if Client chooses to download, print and submit Terms and Conditions in lieu of accepting the same via the app acceptance process)

CUSTOMER AGREEMENT for but not limited to mechanics lien services. This section of the agreement does not exclude or negate the aforementioned Terms of Service. THE CREDIT APP helps suppliers and tradesmen, prime contractors and subcontractors in construction get paid through the effective use of each state’s lien process. We don't do it ourselves. Good, honest communication with our customers enables us to set up an effective credit and collections program where we work together to produce the result you want - the timely payment of invoices. THE CREDIT APP is intended to provide the following as a contract service: project and legal party research and verification, legal construction lien notices for documented delivery, and if needed, execution of recorded information concerning construction projects. Our services are not intended to provide legal advice or to be a statement of applicable laws, rules, statutes or regulations. Contracting with THE CREDIT APP is not a substitute for knowing and complying with the law. THE CREDIT APP is not a law firm, and does not provide legal advice. Consult an attorney if you have any questions concerning the law, or a particular project. BY USING THIS SERVICE, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. 1. CUSTOMER RESPONSIBILITES. As Customer, you agree to provide the following on www.thecreditapp.orgfor all services: • Property Address and description of equipment, labor, materials or services contracted for with starting/completion date. • Project’s Owner name, address, phone number, fax number. • Project’s Customer name, address, phone number, fax number. • Project’s General name, address, phone number, fax number. • Project’s Lender/Surety name, address, phone number, fax number. • Estimated and/or final cost of equipment, labor, materials or services contracted for. 2. ORDER DEADLINES AND PROCEDURES. As Customer, you are responsible for the accuracy of the project information provided to us. THE CREDIT APP will make attempts by phone, fax, and/or email to verify project information with stated legal parties. THE CREDIT APP will also verify Property Owner information through the public records on file. Accordingly, THE CREDIT APP makes no warrants as to the accuracy of any information provided by any or all third parties. Our goal is a 3-5 turnaround on a notice request. A $100 expedite fee can be paid for 2-day processing. 3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CREDIT APP, ITS AGENTS AND EMPLOYEES, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY DAMAGES OF ANY KIND ARE AWARDED, YOU AGREE THAT THE MAXIMUM AMOUNT OF SUCH DAMAGES SHALL BE THE ORIGINAL LISTED PRICE OF THE SERVICE PROVIDED. 4. ATTORNEYS' FEES. Should any arbitration or litigation be commenced between any of the parties hereto, or their personal representatives, concerning any provision of this Agreement or the rights and duties of any person relative thereto, the prevailing party shall be entitled to recover, as an element of his costs of suit and not as damages, reasonable attorneys' fees to be fixed by the arbiter(s) or the court, as the case may be. The “prevailing party” shall be the party who entitled to recover his costs of suit, whether or not the suit proceeds to final judgment. 5. MISCELLANEOUS. This Agreement may only be amended by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Since THE CREDIT APP is a Texas LLC, this Agreement shall be governed by and construed under Texas law as if this Agreement had been entered into by Texas residents and fully performed within Texas.

This privacy policy sets out how THE CREDIT APP uses and protects any information that you give when you use this app.

THE CREDIT APP is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this app, then you can be assured that it will only be used in accordance with this privacy statement.

THE CREDIT APP may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from April 25, 2020

What we collect

We may collect the following information:

• name and job title

• contact information including email address

• demographic information such as postcode, preferences and interests

• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.

• We may use the information to improve our products and services.

• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the App according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our App in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better App, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the App.

Links to other Apps

Our App may contain links to other Apps of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other App. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the App in question.

Disclosure for Law Enforcement

Under certain circumstances, The Credit App may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

The Credit App may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation

• To protect and defend the rights or property of The Credit App

• To prevent or investigate possible wrongdoing in connection with the Service

• To protect the personal safety of users of the Service or the public

• To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.