Agreement between client and Cosmiq Financial, LLC.

The “Company” consists of Cosmiq Financial, all related companies, its parents, subsidiaries, publisher sites, respective directors, officers, shareholders, employees, affiliates, assigns, consultants, and agents. The “Website” consists of www.cosmiqfinancial.com, all websites owned and operated by Cosmiq Financial and its subsidiaries, related companies, publishers, affiliates, assigns, and agents.

The specific services, guarantees, payment terms, timeframe, and total cost are set forth in the client disclosure statement incorporated herein for all purposes. NOW, in consideration of the mutual promises contained herein, the parties agree as follows:

Cosmiq Financial provides our website visitors with access to its content, resources, and tools for communication, public forums, commerce platforms, and other services (the “Website”). Cosmiq Financial provides its service to the user and all visitors, subject to the following Terms of Use.

Conditions of Use THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS, AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN.

THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN-CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.

Limitations on Authority

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.

Disputes

The laws of California, United States of America, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and Cosmiq Financial. If you take legal action relating to these Terms of Use, you agree to file such action in San Diego County, California and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Class Action Waiver

You agree that any legal action shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

Third-Party Content

The company may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of Company.

Links to Third Party Sites

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cosmiq Financial and Company 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. The company is not responsible for webcasting or any other form of transmission received from any Linked Site. The company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Privacy

Our Privacy Policy (www.CosmiqFinancial.com/privacy-policy/) applies to your access and use of the Website, including any personal information provided via the Website or via any other aspect of the Website. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms, and in the event of a conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail.

Legal Jurisdictions Only

The services described on the Website are only for persons in those states and jurisdictions where such services may legally be sold. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on the Website shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

Access to Password Protected or Secured Areas

Access to and use of password protected or secure areas of the Website are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution Ownership of Information. If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Locality

The company manages and controls the Website from its offices located in California (United States of America). The company makes no representation that the Information or other materials on the Website are appropriate or available for use in other locations. If you choose to access the Website outside of the state of California through your own initiative, to the extent the local laws in the geographic region in which you are located are applicable to your access to and activities on the website you are responsible for compliance with such local laws.

Miscellaneous

If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Copyright and Trademark Notices

All Material included on the Website, except third party content as referenced above, is the property of Company and is protected by United States and international copyright laws. No portion of the Material on the Website may be reprinted or republished in any form without the express written permission of Company or, with respect to third-party content, its respective owner. You may download Material from the Website your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic devices) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages. Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks or logos (“Marks”) of Company or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Company and are protected by United States and international trademark laws. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Website. Your use of the Marks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. All Marks not owned by Company that appear on the Website are the property of their respective owners.

Copyright Infringement Policy:

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

i) a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;

ii) identification of the copyrighted work(s) claimed to have been infringed, including copyright date;

iii) identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;

iv) information reasonably sufficient to allow us to contact you, such as a physical address, telephone number, and an email address;

v) a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and

vi) a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Indemnification

You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing the your account using your password) submit through the Website, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your account/computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.

Indemnification by Company

Company shall indemnify and hold Client free and harmless from any and all claims, damages or lawsuits (including reasonable attorneys’ fees) arising out of the failure of Company to provide reasonable credit score increase within the allotted term.

Affiliate Service Provider

While it is not the current policy of CosmiqFinancial.com to use an affiliate service provider, Company has the option of fulfilling the credit services through a credit services processor or affiliate to best serve you.

Confidentiality

The client acknowledges that by reason of its relationship to Company, they will have access to certain information and material concerning the Company’s business that are of substantial value to Company. The value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed according to the laws of the State of California.

Entire Agreement

This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to the Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the party to be charged.

Notices

Any notices required or permitted by the Agreement shall be deemed given if sent by Certified mail, postage prepaid, e-mail, fax, return receipt requested or by recognized overnight delivery service: If to Company; at its principal place of business or if to Client, at the provided address.

Severability

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effort.

Legal Expenses

The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.

Conflict of Interest

Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Products, they are not currently a client of any other Credit Repair company, nor have they been a client of another credit repair company in the last six (6) months.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Termination

You agree that Company, in its sole discretion, may terminate your access to the Website without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Website, Material, or Software. a. Term. This Agreement shall continue as outlined in “Exhibit A” unless terminated by Company or Client as provided herein. b. Termination for Cause. If either party shall default in the performance of any material obligation in this Agreement, then the non-defaulting party may give written or electronic notice to the defaulting party and if the default is not cured within thirty (30) days following such notice, the Agreement will be terminated.  

Violations of Terms and Conditions of Use

Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.

Electronic Consent

Customer agrees, unless specifically requested otherwise, that by entering into transactions with Company, Customer affirms consent to receive, in an electronic format, all information, copies of agreements and correspondence from Company and to also send information in an electronic format unless previously agreed upon in writing with Company. The customer has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. The customer’s withdrawal of his or her consent to conduct business electronically can only occur if applicable law specifically requires the Company to provide a paper copy of electronic documents. Withdrawal of consent will slow the speed at which Company can complete certain steps in transactions with Customers and delivering services to Customer. To inform Company that Customer either withdraws Customer’s consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update.

Customer information, Customer may send such request to:

Customer acknowledges and agrees that the internet is considered inherently insecure. Therefore, Customer agrees that Company has no liability to Customer whatsoever for any loss, claim, or damages arising or in any way related to Company’s responses to any electronic communication, upon which Company has in good faith relied. At all times, Customer maintains the sole obligation to ensure they can receive the Company’s electronic communications, and access them on a regular and diligent basis. The customer also agrees to be contacted by telephone on Customer’s landline and/or cell phone by Company irrespective of whether the Customer’s telephone number appears on any state or federal “Do Not Call” lists. The customer further agrees that Company may use a computerized dialing system to contact Customer via telephone or SMS text and the Customer may use a pre-recorded message when contacting Customer via telephone or SMS text. The customer understands that his or her consent to be contacted does not require the Customer to purchase any goods or services from the Company. To inform Company that Customer either withdraws Customer’s consent to receive communications from Company as described directly above, or to update Customer information, Customer may send such request to the address listed directly above for Company.

FEEDBACK AND SUBMISSIONS

Company welcomes your feedback and suggestions about its programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company and/or the Website to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company and/or the Website to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. 

FEDERAL TRADE COMMISSION DISCLOSURE

A MESSAGE FROM THE FEDERAL TRADE COMMISSION

1. 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.

2. You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

3. You have a right to sue a credit repair organization that violates the Credit Repair Organization Act (http://www.law.cornell.edu/uscode/text/15/1679). 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.

4. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.

5. 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.

6. 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.

7. The Federal Trade Commission regulates credit bureaus and credit repair organizations.

8. For more information contact:

(a) Separate Statement Requirement-The written statement required under this section shall be provided as a document that is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.

(b) Retention of Compliance Records-In general-The the credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. The Public Reference Branch Federal Trade Commission Washington, D.C. 20580

Maintenance for 2 years:

A copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.

By initialing below, I agree that I understand, acknowledge, and adhere to all of the obligations listed above.

CLIENT OBLIGATIONS

Listed below are obligations and expectations that Cosmiq Financial has disclosed to me are necessary for me, the client, to adhere to while in their program.

1. Customer will return, along with the signed agreement, a copy of their driver’s license, social security card, and a recent utility bill showing the correct address (phone bill, gas bill, electric bill, etc.)

2. The customer agrees to obtain initial credit reports, with scores, from all three credit bureaus (Equifax, Experian, and TransUnion), and understands that Company will not proceed with services until the initial credit reports are received by the Company.

3. Customer also acknowledges that it is REQUIRED to keep your credit monitoring subscription for the duration of this contract. Should you choose to cancel your membership, we ask that you notify us IMMEDIATELY, so that we are able to update our records accordingly. 

*Reminder* by canceling your subscription, we will NOT be able to provide you with an updated credit score, nor will we be able to reference a previous credit report with the monitoring site to cross-reference changes. Please let us know if you have any questions or concerns.

4. Customer agrees to maintain on-time monthly payments of their current credit obligations (i.e. – car loan, utility bills, mortgage payments, credit cards, etc.). Failure to maintain those payments will result in severe damage to the results obtained by Cosmiq Financial, LLC.

5. The customer agrees to contact Cosmiq Financial, LLC, on any questions regarding their credit INCLUDING inquiries or questions regarding applying for consumer credit.

6. If the Customer was referred to Cosmiq Financial, LLC, by a referral partner, the Customer hereby expressly consents to Cosmiq Financial, LLC, , sharing data concerning the results of the credit restoration process with the aforementioned referral partner.

7. The customer agrees to payment terms and conditions as chosen in Exhibit A, which is incorporated into this agreement.

8. If the Customer fails to complete the payment schedule any and all refunds are forfeited, with the exception of a Customer canceling the Agreement within 5 business days of the Customer’s entering into this Agreement.

9. The customer understands that results vary on a case-by-case basis and that Cosmiq Financial, LLC, provides a service and has no control over the removal of negative items on the credit report. Only Credit Agencies have control over results.

10. The contract is for 6 months from the start date of the agreement based upon initial credit reports being received. Either party may cancel this at any time with 5 business days’ notice, sent in written format.

11. Customers will not be charged any advance monthly service fees for any Services (See Exhibit “A” for Explanation of Fees), rather such fees will only be charged by the Company to the Customer upon the Company’s completing the services for the Customer.

12. The company will not remove any derogatory information (defined as accurate information appearing on the Customer’s credit report), nor will Company assist Customer on improving Customer’s credit rating or record.

We ask that all mail/email correspondences be forwarded to our company as early as possible.

Mailing Address:

Cosmiq Financial, LLC

1111 6th Ave, Ste. 300

San Diego, CA 92101

Email: support@cosmiqfinancial.com

If you should have any questions or concerns, please feel free to contact your account specialist, or send an email to support@cosmiqfinancial.com

By signing my name below, I, the client, agree that I understand, acknowledge, and adhere to all of the obligations listed above.

GUARANTEE POLICY

Cosmiq Financial offers no guarantee as to a specific result from the use of our services. Cosmiq Financial is hired for the attempted repair or removal of each item on which the client chooses for us to work. Cosmiq Financial requires the client to keep an active credit monitoring system. Each month, Cosmiq Financial will update that monitoring account, and the client will be invoiced for the items that have been repaired or removed in the previous month. This charge will happen ONLY AFTER the removal or repair of an item as defined in the Terms of Service, and clients will be billed or charged for those items in accordance with the terms set forth in the Terms of Service (http://www.cosmiqfinancial.com/credit-repair-terms/).

90  DAY MONEY BACK GUARANTEE

The goal of credit repair is to remove questionable negative information from credit reports. This is not an exact science and there are cases in which we may be unsuccessful. Our clients are protected with our 90-day warranty. If you sign up for service with Cosmiq Financial in any program and do not see any questionable items deleted from your credit in 90 days, you will be entitled to a full refund. This does not mean that your credit will be repaired completely during that period, but you should see some of your questionable negative items deleted in this period or your money back. (subject to the terms and conditions set forth below).To apply for a refund please contact Cosmiq Financial and speak with a service specialist by phone, so your identity can be verified. The Cosmiq Financial Money back guarantee will be strictly subject to you complying with the following terms and conditions:

i) That you do not create or cause any new derogatory trade lines to be added to your credit report after your participation in the applicable program begins.

ii) You make all payments due and owing to Cosmiq Financial per this agreement in a timely manner.

iii) You mail, fax or email Cosmiq Financial all correspondences relating in any way to your credit report within seven (“7”) days of receiving said correspondence.

iv) You mail, fax, or email to Cosmiq Financial proof of your identity such as a copy of driver’s license and copy of social security card within five (“5”) days of the effective date of this agreement.

v) You agree to give Cosmiq Financial thirty (“30”) days from the date you have requested a refund to allow Cosmiq Financial adequate time to review your credit bureaus and audit your account to verify that no negative items have been removed from your account and to ascertain the reason for this occurring.

Refunds limited to payments made for 90 days of service only. (ex. If client is in service for 180 days, with no change made to their history, they can request a refund, but that refund will be limited to 90 days of service).

CANCELLATION POLICY

NOTICE OF RIGHT TO CANCEL.

*ONLY SIGN AND RETURN IF YOU INTEND ON CANCELLING SERVICE*

You may cancel this contract, without penalty or obligation, within 3 business days after the date your enrollment payment is received.

If you cancel, any payment made by you under the contract will be returned within five (5) business days after the date of receipt by the seller of your cancellation notice.

To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to Cosmiq Financial, LLC, at the below address, not later than midnight of the 5th business day after your enrollment payment is received.

Cosmiq Financial, LLC

1111 6th Ave

San Diego, CA 92101

I hereby cancel this transaction:

By initialing below, I agree that I understand, acknowledge, and adhere to all of the obligations listed above.          

By: _____________________________________________                                     

Date of Signature:  _____________________________________________

CANCELLATION POLICY

NOTICE OF RIGHT TO CANCEL.

*ONLY SIGN AND RETURN IF YOU INTEND ON CANCELLING SERVICE*

You may cancel this contract, without penalty or obligation, within 3 business days after the date your enrollment payment is received.

If you cancel, any payment made by you under the contract will be returned within five (5) business days after the date of receipt by the seller of your cancellation notice.

To cancel this contract, mail, fax, or deliver a signed dated copy of this cancellation notice or other written notice, to Cosmiq Financial, LLC, at the below address, not later than midnight of the 5th business day after your enrollment payment is received.

Cosmiq Financial, LLC

1111 6th Ave

San Diego, CA 92101

I hereby cancel this transaction:

By initialing below, I agree that I understand, acknowledge, and adhere to all of the obligations listed above.

By: _____________________________________________                                     

Date of Signature:  _____________________________________________

DISCLOSURE STATEMENTS

All clients of Cosmiq Financial must read and understand the following statements:

1. The client understands this is a binding agreement and failure to make the payment for completed services can result in negative activity to the client’s credit file.

2. Cosmiq Financial also reserves the right to file the proper paperwork in an attempt to obtain a Judgment for the amounts owed plus any legal fees.

3. Either party may cancel this agreement at any time (see cancellation policy), cancellation must be sent in formal written format. Notice shall not be considered received unless confirmation of receipt has been received by all parties.

4. Cosmiq Financial shall, within the course of 1 to 3 business days of signup, set up clients with their online private client site which will allow them to check progress throughout their service.

5. A username and password will be provided to the client to access their online private client site.

6. Cosmiq Financial will prepare client audits within 3 – 5 days and deliver via electronic means (email) before the audit fee is charged.

7. Cosmiq Financial shall prepare challenges for items appearing on the customer’s credit reports in accordance with the FCRA.

8. Cosmiq Financial will submit transmittals of challenges within 7 business days of receipt of credit information and executed disclosure and agreement from the customer.

9. After each consecutive round of service, Cosmiq Financial shall prepare all follow-up challenges, as allowed by the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate transactions 10. Act and Fair Credit Billing Act.

11. All items repaired or removed will be posted to the client’s private client site, which is accessed online by username and password provided to the client upon initiation. This posting will be made BEFORE any charge is created for the deletion or repair that item.

12. Cosmiq Financial shall assist the client in determining the action to take with each account in regard to that client’s file. Cosmiq Financial is available to review the client’s personal credit file by calling the customer service numbers provided upon enrollment.

13. The client acknowledges receipt of a copy of a Notice of Right to Cancel.

14. The client acknowledges receipt of Consumer Credit File Rights under State and Federal Law.

15. Cosmiq Financial shall also provide a client services staff for assistance in answering questions regarding a client’s account.

16. Cosmiq Financial will ONLY challenge items as legally allowed.

17. Cosmiq Financial shall also provide the customer assistance in answering questions regarding customer’s accounts from Monday through Friday 9:00 AM-5:00 PM PST.

Attached hereto, exhibit A is the “Description of Service” accepted by the customer and incorporated herein for all purposes.

It is agreed that this Disclosure Statement has been signed prior to the execution of the Contractual Agreement between the parties.

You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract.

By signing below, I agree that I understand, acknowledge, and adhere to all of the obligations listed above.

Pricing

Description of Service.

EXHIBIT A – “Description of Service” – Cosmiq Financial, LLC’s Credit Repair – Credit Restoration, Cosmiq Financial, LLC, requires all customers (“customer,” “customers,” or “you”) to sign the “Description of Service”. By signing this form, you are agreeing to the terms and conditions of service set forth in this Agreement and to the terms and conditions of payment. It is Cosmiq Financial, LLC’s intention to serve you for the entire term of the Agreement, however, should you cease payment under the terms of the Agreement we will stop service until payment can be rendered. Cosmiq Financial, LLC, also reserves the right to collect any monies not yet paid under the terms of the Agreement that it may be entitled to. You agree that any remaining payments, Cosmiq Financial, LLC, may be entitled to, will be applied in accordance with the Agreement regardless of your default.

$1000.00 One-Time Fee – Exhibit A – Credit Restoration – The first monthly fee will begin 30 days after the date of enrollment. This fee will be rendered by Cosmiq Financial on a one-time basis unless prohibited in the state the Consumer resides. The following items are examples of the actions, and or products that define the Company’s monthly services. Our Monthly fees are only collected upon completion of any one of the items below (as applicable to the Customer as indicated below which would define our “Services”).

1. Create and send dispute letters to either the credit reporting agencies or creditors · Analysis and review of customers credit files.

2. Update customer file online with most recent updates and or notes;

3. Respond to, receive and or initiating correspondence via telephone;

4. Respond to, receive and or initiating correspondence via e-mail;

5. Respond to, receive and or initiating correspondence via Facsimile;

6. Respond to, receive and or initiating correspondence via physical mail i.e.: USPS, FedEx, UPS, etc.;

7. Review customer’s credit monitoring report in order to see what changes the credit reporting agencies have made every 30-35 days; and

8. Assist customers with all credit-related or service questions.

9. Send Letters directly to any of the following recipients;

10. All three major credit reporting agencies (Equifax, Experian and TransUnion);

11. Any second level credit reporting agencies (Innovis, SageStream, LexisNexis, CFPB, etc.);

12. Any  debt collectors that may be reporting on the client’s credit profiles; and

13. Any and all reporting creditors/furnishers.

Term.

The client (“client”), acknowledges that this is a non-committal agreement in which the client is allowed to remain an active paying client for this service for as long as they require service from Cosmiq Financial, LLC. This monthly payment is billed whether or not deletions or repairs are obtained. This monthly payment is for services already performed in attempting to obtain deletions or repairs. The client may require multiple months of services. This decision to add on additional Monthly Unlimited Service is at the discretion of the Client. The client is required to notify Cosmiq Financial of Client’s intention to cancel at the completion of each month; otherwise Cosmiq Financial will automatically continue work.

Cosmiq Financial, LLC, makes no other warranties aside from the warranties expressly written within this disclosure. No oral agreement or other agreement shall override this Agreement unless received in writing from an authorized Cosmiq Financial, LLC, representative. I fully understand my responsibility to this program and agree to the above terms, as well as acknowledging that all my questions have been answered. I also acknowledge and agree to the total costs of these services. It is agreed that this Description of Service has been signed prior to the execution of the Contractual Agreement between the parties.

By signing this box below, ~contact.full_name~, a resident of USA Country, of the State of ~contact.billing_address.state~, acknowledges that this agreement for service is an on a month to month basis from the date this application is submitted.

I understand that this is a contract, and I will be penalized financially should I breach the agreement between our two parties. I also understand that I cannot cancel without prior notifying Cosmiq Financial, LLC. I understand that the only acceptable ways to cancel this contract are as follows:

1. The work needed to repair/restore my credit has been completed and I no longer have ANY negative items on my credit.

2. I provide Cosmiq Financial, LLC, written or verbal confirmation, whether it be through email, phone, or mailed delivery, within 7 days of my next renewal month of service, requesting cancellation of my account.

Missed Payment & Late Fee Details

Prior to the withdrawal of any monthly fees from my debit/credit card, I understand that I will receive an email notification that my account is up for renewal within 7 calendar days. Should my monthly payment with Cosmiq Financial, LLC, fail to be processed successfully when first presented, I understand the following will ensue:

1. My subscription with Cosmiq Financial can be CANCELLED IMMEDIATELY.

2. A $10.00 late fee will be immediately assessed on top of my balance if my invoice is not paid by COB of the same day.

3. If I should choose to sign back up, there will be a $25 reactivation fee to reactivate my account. 

4. I will be legally responsible for payment of ANY AND ALL unpaid invoices, including late charges.

5. My account CAN and WILL BE sold to an external collection company to collect on all fees owed.

6. This account will then be placed on my credit reports and can have an adverse result on my credit reports and scores.

Chargebacks

I, the client, also acknowledge that I am forfeiting any right to negate any legitimate or permissible charges by your company, should I choose to chargeback any transactions made by Cosmiq Financial, LLC.

If I attempt to chargeback your transaction, I understand that I will then be legally responsible for a $99 chargeback fee, along with the original amount owed, and my account will then be immediately sold to a local debt collection agency.

Limited Power of Attorney

This form is a limited power of attorney and will be used for the sole purpose of helping with the restoration of your credit. This does not give us the full power of attorney over any of your other affairs. The client (“client”), a resident of USA County, of the State of CA, give Cosmiq Financial, LLC, its officers, employees and agents, the necessary power and authority, in and on my behalf, to act as my attorney-in-fact in order to undertake and perform the following matters only as set forth herein: obtaining information, including but not limited to credit reports in my name, over the telephone, fax, and internet, through written or online correspondence from credit bureaus, creditors, or collection agencies.

If negotiation of a debt is necessary, I give Cosmiq Financial, LLC, its officers, employees, and agents the right to discuss information to help resolve a debt.

I hereby authorize Cosmiq Financial, LLC, its officers, employees, and agents this release or copy thereof within 12 months of this date to obtain any information in my credit report that may involve medical records and/or credit records.

I hereby direct said record holder authorization to release any requested information upon the presentation of this Limited Power of Attorney. I hereby release the bearer of this authorization as well as the recipient, including but not limited to, the Custodian of such records, Repository of the Court Records, Credit Bureaus (TransUnion, Equifax, Experian, Innovis, ChexSystems), consumer reporting agencies, retail business establishments, lending institutions, student loan agencies (public and/or private), from liability including whatever kind which may at any time result to me, my heirs, family or associates, because of compliance with this authorization to release information, or any attempt to comply with it.

I have the right to revoke or terminate this Limited Power of Attorney at any time. This Limited Power of Attorney shall terminate12 months from the date of execution set forth below. My attorney-in-fact shall not be liable for any acts or decisions made in good faith and pursuant to the terms herein. All issues pertaining to validity, interpretation, and administration of this Limited Power of Attorney shall be determined in accordance with the laws of California.

It is agreed that this Limited Power of Attorney has been signed prior to the execution of the Contractual Agreement between the parties.

HIPAA AUTHORIZATION FORM

I, the client (“client”), give permission to Cosmiq Financial, LLC, to have full disclosure of my protected health information as it pertains to all applicable instances of my protected health information appearing on my personal credit file. Said information to be disclosed includes all:

1. Medical Records;

2. Treatment Records;

3. Diagnostic Records;

4. Billing Records; and

5. Insurance Records.

This protected health information is being used or disclosed for the following purposes addressing specific issues that appear on my credit file.

This authorization expires one year from the date this HIPAA POA was executed.

If the person or entity receiving this information is not a health care provider or health plan covered by federal privacy regulations, the information described above may be disclosed to other individuals or institutions and no longer protected by these regulations.

Finally, you may revoke this authorization in writing at any time by sending written notification to Cosmiq Financial.

Your notice will not apply to actions taken by the requesting person/entity prior to the date they receive your written request to revoke authorization.

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, 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

(b) Separate Statement Requirement.–The written statement required under this section shall be provided as a document that is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.

(c) Retention of Compliance Records.—

(1) In general.–The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement.

(2) Maintenance for 2 years.–The copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.