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AUTHORIZED USER LEASE AGREEMENT IMCF

This Authorized User Lease Agreement (“Agreement”) is intended to be a binding agreement made by and between Improve My Credit Fitness LLC, hereinafter referred to as “IMCF”; and the undersigned client (hereinafter “Client”), hereinafter referred to as “Lessee”. By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to IMCF is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of IMCF as set forth herein, and that he/she will not use any of the services of IMCF or any information provided by IMCF for any unlawful purpose.

FACTUAL RECITALS

A FICO Score is a three-digit number calculated from the credit information on your credit report at a consumer reporting agency (CRA) at a particular point in time. A FICO score can range from 300 to 850. It summarizes information in your credit report into a single number that lenders can use to assess your credit risk quickly. Lenders use your FICO Scores to estimate your credit risk and how likely you are to pay your credit obligations as agreed, based on your actual borrowing and repayment history. A person with a high FICO score is more likely to receive a loan or mortgage from a financial institution. Your FICO Scores may also be used when you apply for a cell phone account, cable TV and utility services.
The term “tradeline” technically refers to a record of activity for any type of credit extended to a borrower and reported to a credit reporting agency. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline. The act of adding a client to another person’s tradeline consists of adding client as an “Authorized User” on that person’s line of credit, resulting in the tradeline also appearing on Client’s credit bureau report.
IMCF has access to one or more undisclosed private individuals (“Cardholder”) who have been evaluated and received a FICO score based on the credit history of those private individuals. Each such Cardholder possesses a positive FICO credit score and has agreed to maintain a continually positive credit history on the accounts leased by IMCF.
Each Cardholder possesses one or more credit card accounts that have the capability to add “authorized user tradeline” to those accounts. IMCF has contracted with each of these Cardholders to allow IMCF to add Lessee as an authorized user to one or more of Cardholder’s credit card accounts, if Lessee meets all qualifying criteria and complies with all terms and conditions in this Agreement.
IMCF desires to lease one or more authorized user tradelines on these credit card accounts to Lessee for a definite period of time.
Lessee desires to lease one or more authorized user tradelines through IMCF on the credit card accounts of one or more Cardholders.
Prior to services being rendered, Lessee agrees to provide IMCF with a current and updated credit report showing Lessee’s entire credit history, as is represented by all three major credit reporting agencies.

NOW, THEREFORE, in consideration of the mutual covenants, promises, representations, and warranties contained in this Agreement, the parties hereto agree as follows:

A. RIGHTS, DUTIES AND OBLIGATIONS OF LESSEE

1. Warranty of Credit Worthiness. Lessee warrants to IMCF that Lessee has used due diligence best efforts to become credit worthy prior to submitting a written request to IMCF to add Lessee’s name as an authorized user on a credit card account accessible to IMCF.
2. Personally Identifiable Information. Lessee shall submit to IMCF all necessary personally identifiable information of Lessee to permit IMCF to use its contractual relationships with one or more Cardholders so that they can attempt to add Lessee as an authorized user to one or more credit card accounts they own. At a minimum, the necessary personal information of Lessee shall include Lessee’s full legal name, verifiable social security number, street address, and telephone number. Lessee understands that IMCF will submit Lessee’s personal information to a third-party verification system for the purpose of confirming the accuracy and legitimacy of that information, and by signing this Agreement Lessee authorizes the submission and verification attempt. Client agrees that he/she shall not use, provide, or submit to IMCF, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, IMCF shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by IMCF). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to IMCF shall not be refunded to Client, but shall be retained by IMCF and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that IMCF’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that IMCF does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
3. Payment. Lessee shall pay IMCF for each authorized user position Lessee leases from a Cardholder through IMCF, contemporaneous with Lessee’s submission of Lessee’s personal information to IMCF. The total amount of the required payment and the authorized user tradelines Lessee wishes to lease are set forth on the attached Authorized User Lease Agreement Addendum (the “Addendum”). This payment shall be made to IMCF’s bank account, via the IMCF’s web site, or over the phone with IMCF directly. The payment shall be held in escrow by IMCF until IMCF receives confirmation that Lessee has been successfully added as an authorized user to the number of credit card accounts identified in the Addendum. Customer agrees to pay IMCF a $50 fee for every failed payment. In addition, interest will accrue on any past due amounts at the rate of the lesser of 1.5% per month or the maximum amount permitted by law. Client shall be liable to the Company for all attorneys’ fees and other costs of collection to collect such unpaid amounts.
4. Disputed Credit Card Transactions. Prior to the filing of a dispute against a credit card transaction used to pay for services with IMCF, Lessee agrees to make reasonable efforts to contact IMCF for the purpose of resolving Lessee’s dispute. If Lessee fails to do so, or if Lessee, after contacting IMCF, files an unsubstantiated and/or fraudulent credit card dispute, Lessee agrees to reimburse IMCF for any service or penalty fees charged to IMCF in connection with the dispute. In addition, Lessee shall be held liable for the maximum amount of damages allowable by law. If Lessee fails to reimburse IMCF for any service or penalty fees, Lessee’s account will be reported to a collection agency. Furthermore, IMCF reserves the right to report any and all unsubstantiated and/or fraudulent credit card disputes to law enforcement authorities and related financial agencies.
  a. A charge of the greater of $40 or 10% of the balance due shall be applied to any payment made and disputed by Lessee with Lessee’s credit card company. Interest accrues on any balance owed by Lessee to Lessor at the rate of 18% per annum, commencing on the date Lessee disputed the credit card payment with their credit card company, and continuing until reimbursement has been made.
5. Confidentiality. Except as set forth in, or as needed to implement the terms of, this Agreement, all communications between IMCF and Lessee, whether verbal, written, or otherwise, shall be confidential. Lessee shall not, during the term of this Agreement or after the termination of this Agreement, disclose any communications between IMCF and Lessee to any third party, except with IMCF’s prior written consent. Furthermore, Lessee agrees to refrain from making any disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as disparaging, slanderous, or defamatory, that may potentially result in harm to IMCF’s or its representatives’ financial condition and/or reputation among the public at large. Violation of this provision shall constitute a material breach of this Agreement. This provision shall survive the termination of this agreement.
6. Assumption of Risk. Lessee understands and assumes the inherent security risks involved with the provision, delivery or transfer of Lessee’s confidential information to IMCF, regardless of the form of transmission. Although IMCF will attempt in good faith to safeguard and protect Lessee’s confidential and personally identifiable information, IMCF cannot guarantee that this confidential information will not be stolen or accessed by an unauthorized third party. Accordingly, Lessee assumes all risk for any breach of confidentiality or security that may occur with respect to the sharing of Lessee’s confidential information with IMCF. Lessee acknowledges and agrees that any actual damage it suffers as a result of IMCF’s intentional or grossly negligent failure to safeguard and protect Lessee’s confidential information shall be subject to the Limitation of Liability provision set forth in section B.8 below.
7. Duty to Disclose. Lessee is under a continuing duty to disclose to every potential grantor of credit at the time Lessee applies for credit from that grantor that (i) Lessee has been added as an authorized user to one or more credit card accounts of one or more Cardholders; and (ii) Lessee is not a direct family member of the Cardholder(s). Lessee assumes all liability of any kind if Lessee fails to disclose the above information to a potential grantor of credit. Lessee shall indemnify, save, and hold IMCF harmless from all claims or damages of any kind that may be asserted against IMCF by a potential credit grantor of Lessee because of an alleged failure by Lessee to comply with this provision.

B. RIGHTS, DUTIES AND OBLIGATIONS OF LESSEE

1. 1. Addition of Authorized User.
    1. Upon receipt of Lessee’s personal information and the payment of the total lease fee set forth in the Addendum, IMCF shall use its best efforts to have Lessee added to one or more credit card accounts as an authorized user by the Cardholder(s). Lessee acknowledges that IMCF must transmit certain of Lessee’s personally identifiable information to Cardholder(s) for this purpose.
    2. If a Cardholder is able to add Lessee to one or more credit card accounts, then IMCF shall retain the lease payment specified in the Addendum for each authorized user position to which Lessee has been successfully added and provide email notification to Lessee that Lessee has been successfully added to one or more credit card accounts as an authorized user.
    3. If the Cardholder is unable to add Lessee as an authorized user, IMCF retains the right, in its discretion, to provide Lessee with access to an alternate credit card having age and/or credit limit characteristics that are substantially similar to the original card. If IMCF is unable to do so, IMCF shall return the lease payment to Lessee.
    4. Should the credit card fail to report to the credit bureaus in the way anticipated by the IMCF, IMCF retains the right, in its discretion, to replace the originally leased credit card with an alternate credit card having age and/or credit limit characteristics that are substantially similar.
    5. In the event that the Cardholder’s account(s) on which Lessee is an authorized user reports to one or more of the three major credit bureaus as either closed or terminated, the parties acknowledge that each credit bureau determines whether the payment history for that closed or terminated credit card account will continue to be calculated into Lessee’s credit score. If the credit limit for a closed or terminated credit card is not calculated into the score, it may reduce the benefit that a closed or terminated credit card has to the utilization ratio variable in the credit scoring model. If a credit card reports as closed or terminated prior to the expiration of the lease term, and if Lessee informs the IMCF of such an event prior to the expiration of the lease term, the IMCF retains the right, in its discretion, to replace the originally leased credit card for the balance of the lease term with an alternate credit card having age and/or credit limit characteristics that are substantially similar.
    6. IMCF requires that Cardholders agree that they will not create or maintain a balance on the credit card(s) to which Lessee is added as an authorized user that exceeds 15% of the credit limit. By signing this Agreement Lessee acknowledges and agrees that a balance may exist on the credit card account(s) to which Lessee is added as an authorized user.
  2. Transmittal of Written Verification. If a Cardholder is able to successfully add Lessee as an authorized user to one or more credit card accounts, then IMCF will send written verification of this addition to Lessee. This written verification will be made either by email or first class mail; postage prepaid, and is typically sent within seven (7) calendar days of IMCF’s receipt of notice from the Cardholder that Lessee has been added as an authorized user.
  3. Sharing of the Personal Information of Lessee. “Personally identifiable information” includes, but is not limited to: the personal name, social security number, email address if any, street address, and telephone number if any, of Lessee; or, any other information or characteristics that could be used to identify Lessee. IMCF shall not distribute, sell, or otherwise transfer to any third party (besides the Cardholder(s)) the personal information of Lessee without the prior written consent of Lessee. IMCF shall not use the personal information of Lessee in any way except as authorized by this Agreement. IMCF shall not retain the personal information of Lessee in any files or other recording medium of any kind for more than 90 days following the termination of this Agreement unless Lessee elects to extend or renew the lease term. Disclosure of the personal information of Lessee by IMCF in violation of this provision constitutes a material breach of this agreement and is just cause for termination.
  4. Abusing Improve My Credit Fitness LLC “Bust Out Fraud” is a concern in the banking industry that Improve My Credit Fitness LLC does not support. Improve My Credit Fitness LLC controls its exposure and risk to Bust Out Fraud by restricting all Authorized Users whose credit reports display a “blank” or extremely limited history, where the AU has less than 24 months of primary credit user history, to being added only to the tradelines in our inventory that are less than $750 Retail Price. This restriction is decided wholly and unilaterally at the discretion of Improve My Credit Fitness LLC. If an Authorized User, or a client of a Reseller is found to have a blank file, as determined by Improve My Credit Fitness LLC, the Authorized User/Reseller Client will be given the option of selecting tradelines at or below the $750 Retail Price.
  5. Refund. In addition to the refund authorized by B.1.c. of this Agreement, IMCF shall refund to Lessee all monies it has received from Lessee if IMCF receives verifiable written documentation from Lessee, as well as a legible copy of the Lessee’s valid Social Security card containing the same Social Security Number submitted by Lessee through IMCF web site, that the addition of Lessee as an authorized user on one or more credit card accounts does not appear on at least two (2) of Lessee’s three (3) credit reports within sixty (60) calendar days following the first expected reporting date of that credit card account to the credit bureaus.
    1. Refunds will not be made if Lessee is unable to prove the validity of a Social Security Administration issued Social Security Number, and no refunds will be made except as set forth in this provision, subject to Sections 5 and 6 (below) of this Agreement
    2. A representative of Improve My Credit Fitness LLC must receive written notification from Lessee of any non-reporting tradelines purchased with the expectation of the tradeline’s history reporting to their credit report(s). This notification must be received by IMCF no more than 14 calendar days following the first expected reporting date of that tradeline to the Lessee’s credit file(s).
    3. In order to qualify for a refund of any kind, the Lessee must provide IMCF with a current copy of all three credit reports at the time that notification is made informing IMCF that the tradeline did not appear on at least two (2) of Lessee’s three (3) credit reports.
    4. If IMCF is informed of a non-reporting tradeline more than 14 calendar days following the first expected reporting cycle, and the tradeline does not appear on at least two (2) of Lessee’s credit reports within the (60) day time frame, Lessee will be subject only to receiving in-store credit equal to the amount paid to IMCF by Lessee.
    5. A cash refund will not be granted if IMCF has not received fair warning, as outlined above, of the failure of a tradeline’s history reporting to the Lessee’s credit report(s).
    6. If you have placed a Fraud Alert on your credit reports, it must be removed by calling each one of the credit bureaus prior to adding tradelines. If Fraud Alert is not removed, the tradeline/s might not report accurately. A refund will not be provided in this case.
    Proof of Non-Performance:
    
    If you purchased a tradeline that you believe has not posted, please wait to call us until it has been at least 7 days past the estimated reporting date listed.
    
    Once it has been at least 7 days past the estimated reporting date please create a free CreditKarma.com and Experian account.
    
    Confirm the following:
    1. Confirm the tradeline is not being reported on either TransUnion or Equifax in your Credit Karma account.
    2. Confirm your Credit Karma account has been updated at least 7 days past the estimated reporting date for the tradeline.
    3. Confirm the tradeline is not being reporting on Experian.com.
    (Note: Credit Karma only updates their data every 7 days so you must confirm that your Credit Karma account has been updated at least 7 days past the estimated reporting date of the tradeline.)
    
    If you are able to confirm both of these points above, then you may request a refund on that tradeline.
    
    Instructions On Requesting A Refund
    
    All refund requests must be in writing. Our customer service phone line does not process refunds. Please send us an email to info@ImproveMyCreditFitness.com with the following information:
    1. Your Name
    2. The Card ID and Bank Name for the tradeline you are requesting a refund on.
    3. Date of purchase
    4. The date your Credit Karma account was last updated
    5. Your user name and password for your Credit Karma and Experian account so we can confirm the non-posting
    Our refund department will confirm this information within two (2) business days and contact you. The refund department is closed on weekends. Requests made after 14 calendar days following the first expected reporting cycle will receive store credit equal to amount paid by lessee.
    6. Termination for Cause.
    1. If IMCF becomes aware that Lessee has defaulted on a loan or mortgage agreement of any kind during the term of this Agreement, then IMCF shall have the right to immediately terminate all authorized user tradelines of Lessee without prior oral or written notice to Lessee.
    2. The use of illegitimate, fraudulent or unauthorized information to obtain credit services is immoral and possibly illegal. This includes, but is not limited to, Lessee’s submission of an alternate Social Security Number, CPN, EIN or other similar information that is false, fraudulent or unauthorized. IMCF shall have the right to immediately and without prior oral or written notice terminate this Agreement and all services upon discovery of any such use or submission by Lessee.
    3. No refund of any kind shall be made to Lessee for any monies paid by Lessee to IMCF in the event of termination pursuant to this section.

7. Termination for Convenience. IMCF may terminate this Agreement for its convenience upon seven (7) calendar days advance written notice to Lessee. This Agreement and all authorized user tradelines of Lessee then in effect shall terminate as of the date specified in the “Written Notice of Termination for Convenience.” IMCF will refund a pro rata share of the lease payment made by Lessee.

8. No Representation, Warranty, or Guarantee. IMCF DOES NOT EXPRESSLY OR BY IMPLICATION REPRESENT, WARRANT OR GUARANTEE TO LESSEE THAT (1) THE ADDITION OF LESSEE AS AN AUTHORIZED USER ON ONE OR MORE CREDIT CARD ACCOUNTS WILL RESULT IN AN IMPROVED FICO CREDIT SCORE FOR LESSEE, OR (2) LESSEE WILL EITHER BE APPROVED BY OR RECEIVE ANY SPECIFIC TERMS FROM A FUTURE CREDIT GRANTOR. THE POSITIVE BENEFITS OF BEING ADDED AS AN AUTHORIZED USER CAN BE OFFSET BY FAILING TO HONOR THE TERMS OF OTHER CREDIT RELATIONSHIPS YOU NOW HAVE, SO IT IS IMPERATIVE THAT YOU FULFILL ALL SUCH TERMS AND REFRAIN FROM TAKING OTHER ACTION THAT CAN NEGATIVELY AFFECT YOUR CREDIT STANDING.

9. Limitation of Liability. The liability of IMCF for any type of alleged damage claimed by Lessee because of an alleged material breach of this Agreement or any other action or omission by IMCF, whether in contract, tort or otherwise, shall be limited to the lease amount paid by Lessee to IMCF under this Agreement.RIGHTS, DUTIES AND OBLIGATIONS OF IMCF

10. For the purposes of security and to protect the primary account holder, Authorized User agrees to obtain separate express permission from the primary account holder in order to make any credit card charges. Authorized User acknowledges that incurring charges without the primary holder's separate express permission adversely affects the primary account holder and adversely affects IMFC's business and goodwill.

Accordingly, in the event that Authorized User causes the primary account holder's account to incur charges without having received separate express permission from the primary account holder, Authorized User shall be liable to IMCF for the amount charged as liquidated damages. As an alternative remedy, IMCF shall have the right to bring suit for actual damages as a result of the breach of this agreement. The remedies stated are not exclusive and IMCF shall have the right to pursue any and all remedies available at law and in equity, including claims for damages, injunctive, or declaratory relief. For the purposes of any suit seeking injunctive relief, the breach of this agreement shall constitute irreparable harm for which there is no adequate remedy at law.

This agreement shall be governed by the law of the State of Florida. Broward County Circuit Court shall have exclusive jurisdiction to hear the claims unless otherwise agreed to by the parties. Venue for any such action shall be in Broward County, Florida unless otherwise agreed to by the parties. In any action filed to enforce this agreement, the prevailing party shall be entitled to a reasonable attorney's fee at all trial and appellate levels.

C. LEASE TERM

Term of Agreement. This Agreement shall become effective upon IMCF’s receipt of the Agreement signed by Lessee and shall remain in effect, unless terminated earlier, until the end of the lease term described in C.2 below. This Agreement may be renewed or extended only with the prior written and mutual consent of both parties to this Agreement.
Authorized User Position Lease Term. Unless renewed or extended by mutual agreement of the parties in accordance with the terms of this Agreement, the lease term for any authorized user position shall expire sixty (60) calendar days from the date that Lessee was successfully added as an authorized user.

D. ADDITIONAL TERMS

Authority to Act. Each party warrants to the other party that the party possesses actual, legal authority to enter into this Agreement. IMCF warrants to Lessee that IMCF has taken all actions required by its procedures, by-laws, and/or applicable implementing laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement on its behalf.
Assignment. Lessee shall not assign any rights of Lessee nor delegate any duties of Lessee under this Agreement without the prior written consent of IMCF.
Binding Effect. Except as otherwise provided for herein, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and permitted assigns.
Force Majeure. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
Modification and Amendment. No modification of this Agreement shall be effective unless that modification is agreed to by both parties in writing. Any such written modification shall become an amendment to this Agreement and shall become effective as of the date set forth in that written amendment.

Representatives and Notice. For the purpose of this Agreement, the individuals identified below are hereby designated as representatives of the respective parties to this Agreement for notice purposes.

LESSEE:	IMCF:
Name:	Street Address: 500 S Federal Hwy Suite 421
Street Address:	City, State & Zip Code: Hallandale Beach, FL 33008
City, State & Zip Code:	Telephone Number: 800-827-3915
Title: LESSEE	E-mail Address: Info@ImproveMyCreditFitness.com
Telephone Number:
E-mail Address:

All notices that are required or permitted to be given by the parties hereunder may be made by: electronic mail; hand delivery; by first class mail, postage prepaid; or, by certified mail, return receipt requested, to the individuals identified above at the addresses set forth above. Either party may from time to time designate in writing substitute persons or addresses to which such notices shall be sent.

Severability. If any provision hereof is invalid or unenforceable, then, to the fullest extent permitted by law, the other provisions hereof shall remain in full force and effect and there shall be deemed substituted for the provision at issue a valid, legal, and enforceable provision as similar as possible to the provision at issue in order to carry out the intentions of the parties hereto as nearly as may be possible.
Waiver. The failure by any of the parties to enforce at any time, or for any period of time, any one or more of the terms or conditions of this Agreement, or a course of dealing between the parties, shall not be a waiver of such terms or conditions or of such party’s right thereafter to enforce each and every term and condition of this Agreement.
Venue and Jury Trial Waiver. The exclusive venue for any action related to disputes arising out of the making, performance or breach of this Agreement shall be the state courts located within the Broward County, Florida. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY CLAIM OR ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS ASSERTED OR COMMENCED IN ANY COURT.
Choice of Law. This Agreement shall be interpreted in accordance with the laws, rules, and regulations of the state of Florida without regard to its conflicts of law principles.
Entire Agreement and Integration Clause. This Agreement integrates the whole of all agreements and understandings of any sort or character between the parties concerning the subject matter of the Agreement and any other dealings between the parties and supersedes all prior negotiations, discussions, or agreements of any sort whatsoever, whether oral or written, relating to the subject matter of this Agreement. There are no representations, agreements, or inducements, except as set forth expressly and specifically in this Agreement. There are no unwritten, oral, or verbal understandings, agreements, or representations of any sort whatsoever.

NOTICE

YOU, THE LESSEE, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH WORKING DAY AFTER THE DATE YOU SIGN THIS AGREEMENT.

LESSEE	IMCF
Date:	Name: Improve My Credit Fitness

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Signed by Improve My Credit Fitness
Signed On: June 17, 2022

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May 16, 2018 8:40 am EDT

AUTHORIZED USER LEASE AGREEMENT IMCF Uploaded by Improve My Credit Fitness - info@improvemycreditfitness.com IP 2601:583:200:2250:b989:f473:311a:e1dd

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