Tradeline User Agreement

This agreement is between Tradeline Builders, L.C. (“Company”) and the undersigned client (“Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to Company is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of Company as set forth herein, and that he/she will not use any of the products of Company or any information provided by Company for any unlawful or deceptive purpose.

Definition of Tradeline

The term “tradeline” refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement the term refers to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report. Client will be added as an “Authorized User” onto the purchased line of credit, resulting in the tradeline also appearing on Client's credit bureau report.

Tradeline Product

Company agrees to use its best efforts to perform all functions necessary to have Client added as an “Authorized User” to the tradelines he/she selected to report to his/her credit report by the last day in the advertised Reporting Period. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines for two (2) billing/posting cycles for each tradeline after being added thereto, after which he/she will be removed therefrom. Accordingly, it is the understanding and intent of the parties that Client will receive two consecutive postings of each tradeline to his/her credit bureau report and this “Authorized User” status shall be reported by two (2) or more credit bureaus. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent, and participation of the primary account holder of the account to which that tradeline pertains. Company shall coordinate with the primary account holder of the account(s) (“Company Credit Sponsors”) to ensure the Client is added as an authorized user. While Company does not have direct control over such, Company Credit Sponsors are expected to maintain low balances on their accounts (15% or less of the total credit limit) while a client is an active authorized user and they are expected to keep their accounts in good standing with on time payments. Highest balance may report on the tradeline as a historic factor, which may be above 15% of the credit line, and Client understands this is entirely separate from the current utilization. Tradelines in which Client has been added to may exhibit historical disputed or similar comments. Client understands and accepts the absence of late payments is presumed to be proof of on-time payments as it relates to any given tradeline.

Fees

Client agrees to pay the non-refundable fee specified on the selected tradelines for purchase during checkout. Client understands and agrees that this fee is to be paid in full prior to the delivery of tradeline product. Client understands and agrees that the tradeline order will not be processed until Company has received the entire fee, and that all fee payments received are to be considered earned upon receipt and non-refundable, unless a non-posting or non-performance by Company occurs. Client further agrees that in the event any method of payment is returned or declined for any reason, Company may remove that Client from any tradeline to which that Client has been added and cancel the order.

Absence of Guarantee or Services Provided

Client understands and agrees that Company cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its product on Client's credit score or other component of credit worthiness. Company does not make any claims as to the improvement of the Client's credit rating or the removal or correction of any items (derogatory or otherwise) appearing on the Client's credit report(s). Client understands that by using Company's website platform and products, the Client's credit rating may in fact decline.

Warranties

There are no other warranties express or implied. No other promise, other than what is stated in the “Proof of Non-Performance / Non-Posting for Refund or Exchange” section below, has been made to the client, and the client specifically agrees that no additional promises, representations, or express and/or implied warranties other than those terms spelled out in this Agreement were made with respect to the services to be rendered or outcome to be achieved.

Proof of Non-Performance / Non-Posting for Refund or Exchange

The parties acknowledge and agree that non-postings may occur and, in this event, we offer a “money back guarantee” and not an “absolute guarantee” of a tradeline posting. Therefore, in the event Client's authorized user status has not posted to two (2) of the credit bureaus in accordance with the “Tradeline Product” section above within the reporting period, and the Client has not requested they be removed from a given tradeline, Company shall per the Client's choice either provide a full refund of the Client's fees or an exchange for another tradeline. Company will be obligated to provide the Client with the refund or exchange within fifteen (15) days of the date it receives written proof from the Client of Company's non-performance, provided such written proof is received by Company via email within twenty one (21) days of the date by which Client's tradeline should have been reported by as set forth in the “Tradeline Product” section above.

The instructions and procedure to report proof of non-performance for a full refund or exchange are as follows: if the reporting period has passed and your tradeline still has not reported, please create a CreditKarma.com account and confirm the following:

• Confirm that your credit report has been updated after the last date within the reporting period.
• Confirm that the tradeline is not being reported on both TransUnion and Equifax. (If it is being reported on 1 of the bureaus listed on Credit Karma but not the other, see the additional instructions below.)

If you are able to confirm both of these points, you may request a refund or exchange on the given tradeline. Additionally, Company reserves the right to issue only a refund in certain circumstances and reserves the right to choose not to process any future orders for any reason.

All refund or exchange requests must be in writing. Our customer service phone line does not process refunds, exchanges, or have full access to your order information. Please email Info@tradelinebuilders.com with the following information:

• Your name
• The Card ID for the tradeline you are requesting a refund on (a four-digit number)
• Your username and password for your Credit Karma account. If your creditkarma.com account shows the tradeline posted to at least one bureau (TransUnion or Equifax), we will need to look at your Experian data to prove it did not report to at least two bureaus; if so, we will notify you and request a current copy of your Experian credit report obtained by you from Experian.com.
• Whether you prefer to receive a refund or an exchange

As an alternative to Credit Karma, you may also submit updated PDF credit reports for the bureaus you are reporting a non-posting for, or full reports downloaded from AnnualCreditReport.com. Your submission must include the entire credit report. We may also accept updated credit reports downloaded from myFICO.com or directly from each credit bureau's website, or certain tri-merge credit reports such as ones used in a mortgage credit pull. We do not accept screenshots.

Our refund department will confirm this information within three (3) business days and once confirmed, Company will issue a refund or exchange on that tradeline within four (4) business days, in addition to the time it may take to complete the fund transfer. The Client should receive the refund within fifteen (15) business days. The refund department is closed on weekends.

Client agrees, understands, and certifies that they must remove any credit freezes and/or fraud alerts from each of the three major bureaus in order for a tradeline to post. Also, Client understands that if they have engaged in any credit sweeps, or have ever had any derogatory accounts with any of the banks they are buying a tradeline from — including 90 day or more late payments, collections, or charge-offs due to bankruptcy — the tradeline likely will not post. Client must also have an up-to-date address that can be verified within the bank's verification systems as well as the credit bureaus, and all information must be completely accurate with no misspellings or typos. If Client breaches any of these requirements, a non-posting may occur and Company is not obligated to issue a refund or exchange due to Client's breach of this agreement.

Authorization / Use of Personal Information

Client hereby grants to Company full authority to use his/her information for the sole purpose of adding him/her to the selected tradeline. In furtherance thereof, Client authorizes Company to perform any and all acts necessary to accomplish the goals of this agreement and agrees to execute any and all documents necessary to facilitate Company's performance hereunder, including but not limited to any power of attorney or letter of authorization. Client further authorizes Company to verify and validate through a professional third-party verification service of Company's choice all information provided from the client, including but not limited to driver's license information, social security number, date of birth, full legal name, address, phone number, and any other information provided to Company. If Client does not provide Company with any documents it may request from Client within 48 hours, Client's order may be cancelled.

Use of False or Unauthorized Information / Contacting Lender

Client agrees that he/she will not use, provide, or submit to Company any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or any information that is false, fraudulent, illegal or unauthorized. Client agrees not to contact any lending institution wherein Client has been added as an authorized user, absent express written consent to do so from the account owner. Upon the discovery of such false, fraudulent, illegal, or unauthorized information, Company shall have the absolute right to terminate this agreement, remove the Client from any tradelines to which he/she has been added by Company, and contact law enforcement authorities as necessary. Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to Company shall not be refunded to Client. It is further understood and agreed that if the Client provides any false, illegal or fraudulent information as described above, and Company sustains damages as a result, Company's damages are not limited to the fees or costs the Client has paid to Company in furtherance of this Agreement — Company does not waive its ability to collect any and all damages to which it may be entitled under law or equity.

Assumption of Risk

Client understands and agrees that there exists an inherent risk in providing his/her personal information to Company, and Company in turn providing that personal information to Company Credit Sponsors on Client's behalf. Additionally, Client understands there are risks to being associated with someone else's tradelines as an Authorized User. Client understands that the Credit Sponsor's lenders/credit card issuers may initiate fraud investigations regarding the addition of any authorized users to Credit Sponsor's accounts, and that claims of bank fraud may be brought against the Client by virtue of having been added as an authorized user to any of the Credit Sponsor's accounts. Typically, it is the bank's fraud department who looks into and deals with what they may perceive as “unusual” or “frequent” authorized user activity. Client further understands the possibility of the Credit Sponsor defaulting on their tradeline, over-utilizing their spending by owing more than 15% of their total credit limit, or the tradeline being closed. In any of these scenarios, Company shall issue the Client a full refund or exchange and Company shall be subject to the limitations on liability set forth below.

Indemnification

Client shall fully indemnify, hold harmless and defend Company and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses — including but not limited to attorney's fees and costs, whether or not a third-party claim — which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to Company, any misrepresentation made to Company, or the providing of any false, fraudulent, illegal or unauthorized information to Company.

Disclaimer

Client understands and agrees that any and all products offered by Company are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind that may be applicable to the products provided by Company. Client understands that Company does not condone the use of its products and services for any unlawful, fraudulent, dishonest, deceptive, unethical, or otherwise harmful activity of any kind. Client agrees that any products he/she receives from Company will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, entitling Company to terminate this agreement and remove the Client from any tradelines to which he/she has been added. Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to Company shall not be refunded to Client, but shall be retained by Company. Client further understands and agrees that Company reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify Company for any fines or other penalties of any kind that Company may incur as a result of Client's failure or refusal to cooperate with any such investigation.

Limitation of Liability

Client agrees that any liability on the part of Company for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of Company, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to Company under this agreement. Client further agrees that Company shall not be liable for the acts or omissions of any third party, including but not limited to our Credit Sponsors, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by Company.

Non-Disparagement

The parties agree and covenant that they will not at any time, directly or indirectly, make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the other party or its business, or any of its employees, officers, shareholders, members, and advisors. This section does not restrict or impede either party from exercising protected rights that cannot be waived by agreement, or from complying with any applicable law, regulation, or a valid order of a court of competent jurisdiction or an authorized government agency, provided compliance does not exceed what is required. Each party shall promptly provide written notice of any such order to the other party, and shall cause its officers, directors, employees, shareholders, members, and advisors to refrain from making any defamatory or disparaging remarks about the other party or its business to any third parties.

Limitation of Actions

Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against Company more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.

Governing Law

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New Mexico, exclusive of conflict or choice of law rules.

The parties acknowledge that this Agreement is evidence of a transaction involving interstate commerce. Notwithstanding the foregoing, any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). Both parties waive their right to bring or to participate in class proceedings against one another.

Dispute Resolution

The following provisions restrict and eliminate your rights to sue in court and have a jury trial for disputes arising under these terms and conditions. By accepting these terms and conditions you are signifying your understanding that you will not have the right to sue in court and have a jury trial for any disputes arising under these terms and conditions.

Informal negotiations. To expedite resolution and control the cost of any dispute, claim or controversy arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or validity, including the scope or applicability of these Dispute Resolution provisions (each a “Dispute”), the parties shall attempt in good faith to resolve any Dispute promptly by negotiation between persons who have authority to settle the controversy. Any party may give the other party written notice of an unresolved dispute; within fifteen (15) days after delivery of that notice, the receiving party shall submit a written response, and within thirty (30) days after delivery of the notice, representatives of both parties shall meet at a mutually acceptable time and place (the “First Meeting”).

Unless otherwise agreed in writing, the negotiation ends at the close of the First Meeting, without precluding later negotiations if desired. All offers, promises, conduct and statements made in the course of the negotiation are confidential, privileged and inadmissible for any purpose, provided that otherwise admissible or discoverable evidence does not become inadmissible solely because it was used in the negotiation.

At no time prior to the First Meeting shall either party initiate arbitration or litigation related to this Agreement, except to pursue a provisional remedy authorized by law, by the JAMS Comprehensive Arbitration Rules and Procedures, or by agreement of the parties — unless the other party refuses to comply with the above requirements. All applicable statutes of limitation and time-based defenses are tolled while these negotiation procedures are pending and for fifteen (15) calendar days thereafter.

Binding arbitration. If the parties are unable to resolve a Dispute through negotiations, the Dispute shall be determined by binding arbitration in Sandoval County, State of New Mexico, before one (1) arbitrator, administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (available at jamsadr.com), conducted in English. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator will be appointed by JAMS in accordance with its Rules, and must be a retired judge from the Superior Court (or similar) of Sandoval County, New Mexico, or a lawyer with ten (10) years of active practice in commercial law.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, except as necessary to prepare for or conduct the hearing, in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or as otherwise required by law or judicial decision. No Dispute related to this site may be commenced more than one (1) year after the cause of action arose; if this provision is found unenforceable, the Dispute is still subject to arbitration under these terms. The parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the venue and jurisdiction of the arbitration.

Arbitration award, fees and costs. The arbitrator may not award any incidental, indirect or consequential damages (including lost profits), and may not award punitive or exemplary damages except where permitted by statute — the parties waive any right to recover such damages. The arbitrator shall award the prevailing party its reasonably incurred costs and attorneys' fees in connection with the arbitration; where a party prevails on some but not all claims and counterclaims, the arbitrator may award an appropriate percentage of those costs and fees.

Exclusions from arbitration. Notwithstanding the foregoing, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator's award. Any such action shall be commenced in the state and federal courts located in Sandoval County, New Mexico, and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in those courts.

Attorney's Fees and Costs

If any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay the attorney's fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.

Non-Waiver

A waiver of any provision herein shall not be deemed a waiver of any other provision, nor shall waiver of any breach be construed as a continuing waiver of other breaches of the same or other provisions. Neither failure nor delay by any party to exercise any right, remedy, power or privilege hereunder, nor any course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.

Severability

If any part of this agreement is deemed invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.

Force Majeure

In the event of interruption of Company's business in whole or in part by reason of fire, flood, wind, storm, earthquake, war, strike, embargo, pandemic, epidemic, acts of God, governmental action, or any cause beyond Company's control, Company shall have the option of cancelling or extending the terms of this Agreement by verbal or written notification to Client.

Entire Agreement

This document sets forth the entire agreement and understanding of the parties, and supersedes all other verbal or written agreements made prior to or concurrent with this agreement.

Modification

Neither this Agreement nor any of its terms, covenants or conditions may be terminated, amended, supplemented, waived, or modified orally, but only by an instrument in writing signed by the party against which enforcement of the termination, amendment, supplement, waiver, or modification is sought. Any written amendment duly executed by the parties shall be binding notwithstanding the absence of any consideration therefor.

Tradeline Order

Client authorizes and directs Company to add him/her to the tradeline(s) selected and purchased at checkout.

Notices

All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be emailed and/or mailed by first class letter, as follows, or to such other address as a party may designate to the other in writing: Jason Wilhite, 4405 Jager Dr NE, Rio Rancho, NM 87144, is Company's principal business agent in the State of New Mexico authorized to receive service of process.

Acknowledgment

By completing checkout, Client certifies that they have read the foregoing and that they understand and agree with each of the terms set forth above.

Digital Signatures

In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effect as traditional paper documents and handwritten signatures. Read more at the FTC website: ftc.gov/os/2001/06/esign7.htm.