CREDIT BUILDER LLC.

CREDIT BUILDER LIMITED LIABILITY COMPANY

CALIFORNIA

CORPORATION

CREDITBUILDERLLC.COM

RATES AND FEES TABLE

Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Purchases 19.99% APR
How to Avoid Paying Interest Your due date is at least 30 days after the original purchase on each month if you pay the balance on or before the due date we will not charge you any interest on purchases.
Fees Late fee Return payment We will charge this fee if we do not receive the total minimum payment due on your account by 6 p.m. (ET) 15 days past the due date: $10 $25
For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
Enrolment fee Up to $50 Enrolment fee is a one-time fee that will be added to your balance.

How We Will Calculate Your Balance:

We use a method called “Average Daily balance.” The information about the costs of the card described above is correct and accurate as of January 1st,  2022. This information may change from time to time. For the latest update, please send an email to info@creditbuilderllc.com and allow 3 to 5 days for a response. This revolving account is governed by federal law and, to the extent state law applies, the laws of California Subject to the requirements and limitations of applicable law, we may change, add, or delete any of the terms of the agreement, including the interest rates, fees, and charges. We will send out a notice to you as required.

STATE NOTICES SECTION I

CALIFORNIA RESIDENTS:

If you are married, you may apply for a separate account.

NEW YORK RESIDENTS:

A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of credit for which this application is made. Upon your request, you will be informed whether a report was obtained and, if so, of the name and address of the consumer report agency.

OHIO RESIDENTS:

The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

WISCONSIN RESIDENTS:

No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965009, Orlando, FL 32896-5009.

CONSENT TO ELECTRONIC COMMUNICATIONS SECTION II

By (i) submitting an application online or (ii) registering for online or mobile services for your Account, you hereby agree to the following, and this will constitute your consent for us to send you electronic communications about your Account. When you successfully consent through the online or mobile site, you have successfully demonstrated that you are able to access the information we have posted on such an online or mobile site.

BILLING COMMUNICATIONS:

You consent to receive communications relating to your Account in electronic form. The communications covered by your consent may include, but are not limited to, (i) the initial disclosure statement or agreement governing your Account, (ii) any disclosure required by federal, state, or local law, including disclosures under the federal Truth in Lending Act, the federal Fair Credit Reporting Act, the federal Equal Credit Opportunity Act and the financial privacy provisions of the Gramm-Leach-Bliley Act, (iii) your billing statement, if you have signed up to receive electronic statements, (iv) letters, notices or alerts regarding your Account and any changes to your Account, (v) other disclosures, notices or communications in connection with the application for, the opening of, maintenance of or collection of your Account; and (vi) the debt cancellation agreement and other information relating to the optional credit builder. Security debt cancellation product you may select to purchase. These electronic communications may include your name and some information about your Account, including your balance or the due date; however, we will not include your full account number or social security number. Electronic communications may be reviewed by any party with access to your Account, the e-mail account you have provided to us for delivering these communications, or the hardware or software you use to view your Account information or your e-mail account.

How to Withdraw Your Electronic Communication Consent :

You may withdraw your consent to receive Electronic Communications at any time by sending an email to info@creditbuilderllc.com and requesting to withdraw your Electronic Communication Consent.

We will not impose any fee to process the withdrawal of your consent. Any withdrawal of your consent to receive Electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal request. Termination of your consent to receive electronic communications will not affect the legal enforceability of this Agreement. You understand that you can revoke this withdrawal of consent at any time, but you must do so in writing.

UPDATING YOUR RECORDS:

  

You agree to promptly update your information if any change occurs by sending an email with updating information to info@creditbuilderllc.com

Paper Copies of Communications.

Upon your request, we will provide you with a paper copy of a communication that we provide you electronically. If you would like a paper copy of any material (other than your debt cancellation agreement), please send an email to info@creditbuilderllc.com.

Communications in Writing.

All communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download a copy of this consent, the Account agreement, the debt cancellation agreement (if selected), and any other electronic communication that is important to you for your records.

Electronic Signatures.

You acknowledge that by clicking on the “Submit” or similar button, you are indicating your intent to sign up for electronic communications and that this shall constitute your signature.

Federal Law.

You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.

 

IMPORTANT TERMS FOR ELECTRONIC STATEMENTS

SECTION III

In addition to the above, if you have elected to receive electronic statements, the following information applies:
  1. PROMOTIONS AND ADVERTISING: Any and all inserts that would be included with a statement sent by U.S. mail may also be sent to you electronically. If an insert contains legally required material, to ensure that you receive the necessary material, we may send you a paper copy of your statement in addition to making the statement available to you electronically. Any legally required insert that would not be available electronically will be sent to you by U.S. mail
  2. PAYEMNT INFORMATION: With this agreement you agree that you will set an auto payment for recurring payments. All payments are set as

    auto pay

    ments you elect to stop paper statements; you must still pay at least your Minimum Payment and have it received by us by 6 p.m. (PT) on the Payment Due Date. You can do this through an electronic bill pay service (whether through this website or using a third party servicer or bank) or by mailing your payment to us at the address shown on the electronic statement. Please note, if you do not pay us electronically, the crediting of your payment may be delayed by up to five days after receipt.
  3. RETURNED EMAIL:  If e-mails advising you of the availability of statements are returned to us, we may cancel your enrollment for electronic statements and resume sending you paper statements in the mail. If this happens, you will need to re-enroll to receive electronic statements with updated information.
  4. SPAM FILTERS: We will make every effort to ensure our e-mail notifications are properly listed with all SPAM filter agencies. However, you are responsible for ensuring that any SPAM filters recognize e-mail originating from us. If you fail to receive e-mail notifications from us after enrolling for electronic statements, please check with the provider of your e-mail account and/or the SPAM filter associated with your e-mail account.
  5. ACCOUNT DELINQUENCY:  We reserve the right, at any time and without notice, to stop providing you with electronic statements and provide you with paper statements, if your account is not maintained in good standing.
  6. CANCELLATION OF E STATEMENT: We reserve the right, at any time, to stop providing you electronic statements and provide you with paper statements. If we do so, we will provide you with prior notice, except in the case of account delinquency. Reasons for cancellation include, but are not limited to, not viewing your last three electronic statements.
 

Definitions used in this consent:

  • “You” and “your” mean the primary applicant or account holder;
  • “We,” “us,” and “our” mean CREDIT BUILDERS LLC and SERVICING AGENTS and or Assignee
  • “Account” means your account opened with CREDIT BUILDERS LLC,
  • BILLING STATEMENT means the billing statement for your Account.
  • SERVICING AGENTS means the company who will do your billing and accept your payments in behalf of CREDIT BUILDERS LLC.
All other terms used in this consent shall have the meanings given to them in the Account agreement.

STATE OF CALIFORNIA FAIR LENDING NOTICE

Under the Housing and Financial Discrimination Act of 1977, it is unlawful for a financial institution to discriminate in the provision of or in the availability of financial assistance based on any of the following considerations: 1. Trends, characteristics or conditions in the neighborhood or geographic area surrounding a housing accommodation, unless the financial institution can demonstrate in the particular case that such consideration is required to avoid an unsafe and unsound business practice. 2. Race, sex, color, religion, marital status, national origin or ancestry. It is also illegal to consider the racial, ethnic, religious or national origin composition of a neighborhood or geographic area surrounding a housing accommodation or whether or not such composition is undergoing change, or is expected to undergo change, in appraising a housing accommodation or in determining whether or not, or under what terms and conditions, to provide financial assistance. These provisions govern financial assistance for the purpose of the purchase, constructions, rehabilitation or refinancing of one-to-four unit family residences occupied by the owner and for the purpose of the home improvement of any one-to-four unit family residence. If you wish to file a complaint or if you have questions about your rights, contact the management of this credit union or: Department of Financial Protection and Innovation Attn:

Consumer Services

2101 Arena Boulevard

Sacramento, CA 95834

SECTION IV: STANDARD PROVISIONS CREDIT BUILDER ACCOUNT AGREEMENT

   ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

THIS AGREEMENT:

This is an Agreement between you and CREDIT BUILDER LLC LOS ANGLES, CALIFORNIA A California Corporation for your credit account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes

the five sections

 of this document and the application you submitted in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.

JOIN PARTIES AGREEMENTS:

This Agreement applies to each accountholder approved on the account and each of you is responsible for paying

the full amount due, no matter which one uses this account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your.”

CREDIT BUILDER LLC may be referred to as “we,” “us” or “our.”

CHANGES TO THIS AGREEMENT:

We may change, add or delete terms of this Agreement according to the law changes.

   HOW TO USE YOUR ACCOUNT

When you decide to Use Your Account.

You may use your account only for lawfully purchases towards the membership and other promotional items on the website dedicated to Credit Builder LLC only.

This account is not to finance any other purchases or any other retailers.

You Promise to Pay.

You promise to pay us for all amounts owed to us under this Agreement.

Your Responsibility.

 You may not allow anyone else to use your account. If you do, you will be responsible for paying for all charges resulting from their transactions.

Purchase Limits.

To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We may decline any particular charge on your account for any reason.

Credit Limit.

You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.

   HOW AND WHEN TO MAKE PAYMENTS

 

When Payments Are Due

You must pay at least the total minimum payment due on your account by 6 p.m. (PT) on the due date of each billing cycle. Payments received after 6 p.m. (PT) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment penalty. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options.

Your account will be set as auto pay to avoid any late payment or late reporting to credit agency however you can pay by mail or online, or make payments over the phone but we may charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.

How to Make a Payment.

You must follow the instructions for making payments provided to you on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation.

We will apply the required total minimum payment to balances on your account using any daily average method . Any payment you   make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

COLLECTION OF PAYMENTS:

All monthly payments and statements for your membership will be collected and issued by one of our authorized service center and or assignee by signing this agreement you are agreeing and recognizing to leave them out of any liability or requesting of any refund or any kind of charge back on credit card or ACH that you have previous made to them.

You may ask your servicer to stop any or all future collection of your payment and or freeze your account for investigation, such request must be made 5 working prior to your payment due date and must be made in writing via email or ups mail. You must also send us a copy of that same email immediately to

info@creditbuilderllc.com

 of your action.

By signing this agreement you also agree that ALL refunds and refunds will be issued by CREDIT BUILDER LLC not the servicing centers or assignee and if refund or return is issued by CREDIT BUILDER LLC. To you as result it may close your account  immediately and reported to all credit agencies either as returned and closed or charge off and closed or paid in full and closed  all depend to the issues on hand and circumstance.

Allow 30 days for all refunds or and returns to be issued.

   INFORMATION ABOUT YOU

Using And Sharing Your Information.

When you applied for an account, you authorized and directed us only to share information with servicing company that will be servicing your account and the reporting credit agency Experian, Equifax, and Trans Union that will rate your payment history. Your account also will be used for information in connection with the credit program and for things like creating and updating its records for you, assisting them in better serving you, and providing you with notices of special promotions, marketing materials, and tailored offerings. More information about how we use and share information is set forth in the privacy policy for your account.

Address/Phone Change.

You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that  number. You also agree to tell us right away if you change your address or any phone number.

Consent To Communications.

You consent to us, as well as to the servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please send us email to info@creditbuilderllc.com .

Telephone Monitoring.

For quality control, you allow us to listen to and/or record telephone calls between you and us.

   IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

YOU CAN CLOSE YOUR ACCOUNT:

You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service or sending email to the servicing company,

WE WILL CLOSE:

  • We will close your account of there is

    no activity for 12 months.
  • We will close your account if you do not renew your membership with Credit Builder LLC 12 months after signing
  • Your membership will renew at the renewal rate, which will be emailed to you 30 days prior to expiring.
  • If your account is 90 days past due it will be charged off.
  • All activity will be reported to all credit agencies.
  • If your account is approved it will receive a high credit limit for future purchases which may help your credit FICO score.

Credit Bureau Reporting.

We will report all activities such as credit limit, Payment history, and late payments on your account to Experience, Equifax, (Trans Union soon to be added)  if you feel we have made a mistake on your reporting, please send us an email to info@creditbuilderllc.com and a copy of your credit report and we will fix the mistake within 30 days.

Default. >You are in default if you are late on your payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.

Unauthorized Use. If you think or know someone is using your information or attempt to use your information to obtain account with us or has open an account with us please email us immediately at info@creditbuilderllc.com .

   IMPORTANT INFORMATION ABOUT THIS AGREEMENT

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of California without regard to its conflicts of law principles. This Agreement has been accepted by us in California.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

   DISPUTE WITH ARBITRATION

I or we if there is a co-applicant (the “Applicant” or ”I”) acknowledge that by clicking the box below, “I/ Accept & Agree with the Authorization, Disclosures, Terms and Conditions and the Arbitration Provision”, I am indicating my intent to sign this Credit Application and that this shall constitute my/our signature. I acknowledge that  I have viewed, read and agreed with the attached “Authorization, Disclosures, Terms and Conditions and the Arbitration Provision” before signing this Credit Application; and, I have signed this Credit Application with one or more electronic signatures and my electronic signature has the same effect as my written ink signature. The Creditor (including any assignee, transferee, or successor of the Creditor) may rely on this authorization as if I had personally signed this Credit Application. By clicking on the adjacent box, I (the “Applicant”) Accept & Agree with the Authorization, Disclosures, Terms and Conditions and the Arbitration Provision”

 

  AGREEMENT TO ARBITRATE (If You Check the Box):

You (the “Applicant”) agree and accept the Arbitration Provision herein below, You or We may elect to resolve any dispute by neutral, binding arbitration and not by a court action (except, for a small claims court action). See the Arbitration Provision for additional information concerning the agreement to arbitrate.

Pursuant to Section 22304.5 of the California Financial Code the following is a website link to a California Department of Business Oversight’s approved Credit Education Program. FDIC Money Smart for Adults: https://www.fdic.gov/consumers/consumer/moneysmart/adult.html.

The above referenced Credit Education Program is provided for general guidance and information. It is not intended as, nor should it be construed to be, legal, financial or other professional advice. Please consult with your attorney or financial advisor to discuss any legal or financial issues involved with credit decisions.

The Applicant hereby acknowledges receipt & access to the above referenced Credit Education Program website link.

AUTHORIZATION, DISCLOSURES, TERMS AND CONDITIONS AND THE ARBITRATION PROVISION

 

APPLICANT and CO-JOINT APPLICANT REPRESENTATIONS, WARRANTIES, AUTHORIZATIONS AND INTENT TO APPLY FOR CREDIT, TO RELEASE CREDIT INFORMATION, EMPLOYMENT & CONTACT INFORMATION: By applying for this  credit for a Loan, I (the “Applicant”) am asking the Creditor approve me for the Loan amount requested, and I agree that: I have provided all of the information, including all of my personal information (hereinafter “Information”) entered into the credit application to the Creditor to complete my credit application submitted to the Creditor and also allow it to be submitted to any assignee, transferee, or successor (“Assignee”) of the Creditor. I also provide my consent for the Creditor to provide Information about me (even if my application is declined) to Creditor and any Assignee of Creditor, in order to create, update and maintain their records, and provide me with offers of future services and special offers by mail, text or email using the Information I have provided. The Creditor (including any (Assignee”) of the Creditor, may obtain Information from others about me (including requesting reports from consumer reporting agencies and other sources) to evaluate my application, and to review, maintain or collect on my Loan account or other accounts I may have with Creditor or any (Assignee”). I authorize and consent for all banks, credit bureaus, creditors, employers, references and any and all other persons and information sources to provide and release to the Creditor or its (Assignee”) any and all Information concerning my credit, financial, employment and contact information. In addition, I hereby authorize and consent for the Creditor or any Assignee of the Creditor to use, store and retrieve any and all Information I have submitted and/or provided to the Creditor and/or the Assignee of the Creditor for any and all future use and/or purposes approved and authorized by me herein or in my Loan agreement entered into with the Creditor and/or its Assignee. I have received, read and agree to the terms and other authorizations and disclosures in this credit application. State and federal law requires the Creditor to obtain, verify and record Information that identifies me when I enter into a Loan agreement. The Creditor will use my name, address, date of birth, and other Information for all the purposes stated above. If I apply with a Co-Applicant, each of us will be jointly and individually responsible for obligations under the Loan agreement. Each Applicant consents that, upon denial of the application, based upon a consumer report or Information received from a person other than a consumer reporting agency, the Creditor may make appropriate Fair Credit Reporting disclosures to all Applicants. I certify, represent and warrant that all of the Information disclosed in the submitted Credit Application is true, correct, complete and accurate to the best of my knowledge; and I have no knowledge that will render that Information untrue in the future. I agree and acknowledge that Creditor may rely on the Information disclosed in the Credit Application and the Information is material to the Creditor’s decision with respect to granting or denying my Credit Application to enter into a Loan Agreement Contract. Upon request I will provide the Creditor with documents and other information necessary to verify any and all items of Information contained in my Credit Application. I agree and acknowledge that by providing my name, social security number or tax payer identification number, birth date and/or other Identifying Information in the Credit Application Information, whether I have personally filled out the Credit Application and checked the “I (the Applicant”) accept” box or authorized another party to do so, I confirm my intent to apply for credit, to sign this Credit Application and to provide the authorizations given above and confirm the validity of my signature. I acknowledge that I can obtain a copy of my Credit Application and this AUTHORIZATION, DISCLOSURES, TERMS AND CONDITIONS AND THE ARBITRATION PROVISION form through the link that will be emailed or texted to me or by calling the Creditor or by calling 1-855-348-8758.

ARBITRATION PROVISION (DISPUTE RESOLUTION): If You (the “Applicant”) are not satisfied with the resolution the Creditor or any Assignee (hereinafter individually and collectively the “Creditor”) has offered You, the Creditor invites You to let Us know. We hope to be able to resolve any and all disputes without the need for time-consuming and costly legal process. Most Applicant’s concerns can be resolved quickly and to the Applicant’s satisfaction by calling Our customer service department at 1-855-348-8758

BY APPLYING FOR A LOAN, YOU (the “APPLICANT”) AGREE TO THE TERMS OF THIS ARBITRATION PROVISION (HEREIN BELOW), INCLUDING THE CLASS ACTION WAIVER DESCRIBED IN SECTIONS 1.1 AND 1.2, SUBSECTIONS (1) AND (6), BELOW, FOR RESOLVING DISPUTES. PLEASE READ THIS ARBITRATION PROVISION BELOW CAREFULLY TO ENSURE THAT YOU UNDERSTAND THIS PROVISION. THIS ARBITRATION PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. ANY DISAGREEMENT ABOUT THIS ARBITRATION PROVISION’S MEANING, APPLICATION, OR ENFORCEMENT IS SUBJECT TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, AS DESCRIBED BELOW.

ARBITRATION PROVISION:

1.0 HOW DO I RESOLVE DISPUTES WITH THE CREDITOR, or any Assignee, Transferee, or Successor of Creditor (hereinafter collectively also referred to as We, Us, and our).

1.1 Dispute Resolution By Binding Arbitration.  PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary: In the unlikely event that Our customer service department is unable to resolve a concern or question You may have over the phone, mail or on Our website (or if We have not been able to resolve a dispute We have with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction, unless such action is transferred or removed to a different court.  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $5,000, We will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from Us to at least the same extent as You would be in court. In addition, under certain circumstances (as explained below), We will pay You more than the amount of the arbitrator’s award and will pay Your attorney (if any) one and a half times the amount of his or her reasonable attorneys’ fees if the arbitrator awards You an amount that is greater than what We have offered You to settle the dispute.

     1.2 Arbitration Agreement.

(1)  We and You agree to arbitrate all disputes and claims between us with the American Arbitration Association (“AAA”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to “Creditor”, “Lender”, “We”, “You”, ”Our“, “Borrower”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Your credit approved under this or any prior Credit Applications You submitted to Us. Notwithstanding the foregoing, either party may bring an individual action in small claims court, unless such action is transferred or removed to a different court. This arbitration agreement does not preclude.  You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Arbitration Agreement, You and We are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Provision shall survive termination of this Agreement.

(2)  A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) stating specifically in detail what their dispute claim involves. The Notice to Us should be addressed to: CREDIT BUILDER LLC and assignee Attn: Dispute Resolution, 23371 MULHOLLAND DR SUIT 448 WOODLAND HILLS CA 91364 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If We and You do not reach an agreement to resolve the claim within 30 days after the Notice of Dispute form is received by the non-disputing Party, You or We may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or We are entitled.

(3) Forms: You may download or copy a Consumer Demand for Arbitration Form (Consumer_Demand_for_Arbitraion_Form_3.pdf) at https://www.adr.org. The document is a PDF file. You may also file by mail at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite, Suite 100, Voorhees, NJ 080433.  After We receive notice at the Notice Address that You have commenced arbitration, We will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $5,000. (The individual Consumer filing fee before a single arbitrator currently is capped at $200, but is subject to change by the arbitration provider. If You are unable to pay this fee, We will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules and any Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers, about the arbitration process at www.adr.org) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless We and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your billing address. If Your claim is for $5,000 or less, We agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse Us for all monies previously disbursed by Us that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $5,000 in damages, the payment of these fees will be governed by the AAA rules.

(4)  If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of Our last written settlement offer made before an arbitrator was selected, then We will:

  • pay You the amount of the award or $7,500 (“the alternative payment”), whichever is greater; and
  • pay Your attorney, if any, one and a half times the amount of the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration (“the attorney premium”).

If We did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the preceding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If during the arbitration proceeding and prior to the arbitrator issuing a decision or an award, We and You agree to an acceptable new settlement of the dispute between us, then the arbitration proceeding shall cease and the new settlement reached between us shall prevail and be enforced and the arbitration proceeding shall be terminated.

(5)  The right to attorneys’ fees and expenses discussed in paragraph 4 supplements any right to attorneys’ fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys’ fees or costs. Under applicable law, We may also have a right to an award of attorneys’ fees and expenses against You if We prevail in an arbitration.

(6)  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. This includes all injunctive remedies available in an individual lawsuit under California law. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  If any part of this arbitration provision, other than the waiver of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.

(7)  Notwithstanding any provision in the above arbitration provisions to the contrary, You and We agree that if We make any future change to these arbitration provisions (other than a change to the Notice Address) during the term of any of Your Loan agreement(s) with Us, You may reject any such change by sending Us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Arbitration Provision. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. This Arbitration Provision shall survive any termination, payoff or transfer of any of Your applications and/or Loan agreement(s) with Us.

 

EQUAL CREDIT OPPORTUNITY ACT DISCLOSURE:

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); or because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is: Federal Trade Commission, Equal Credit Opportunity, 600 Pennsylvania Ave., NW, Washington, DC 20580. We are required to disclose to you that you need not disclose income from alimony, child support or separate maintenance payment if you choose not to do so. Having made this disclosure to you, we are permitted to inquire if any of the income shown on your application is derived from such a source and to consider the likelihood of consistent payment as we do with any income on which you are relying to qualify for the loan for which you are applying.

DISPUTE ACTION

  1. If we or the dealer or servicing agent and or assignee or any of our affiliates decide to refund all payment that you made on your account for  purchase or purchases made you agree  you will drop all legal action you made against  CREDIT BULIDER LLC  and or there servicing and affiliated companies and assignee immediately.
  2. You agree all communication due to dispute or settlement will be kept confidential only between us and you and at no time any or all part of it can be shared with any social media or broadcast media of any kind of negative adverting against CREDIT BULIDER LLC. and or all there servicing partners and affiliates and assignee.
  • No Class Actions

YOU AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION NOR START ONE OR JOINE ONE, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST CREDIT BULIDER LLC. OR ASSIGNEE AND/OR SERVICING COMPANY AND ANY OF OUR AFFILATES , IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING OR JOIN ANY CLASS ACTION CLAIMS AGAINST US AND/OR SERVICING COMPANY AND OR AFFILIATES AND OR OUR DEALERS ON BEHALF OF YOUR SELF OR ANY OTHER CURRENT OR FUTUER ACCOUNT HOLDER ON OUR PROTFOLIO, AND YOU AGREE   THAT ONLY YOU AS AN INDIVIDUAL ACCOUNT HOLDERS MAY BRING  A SINGLE CLAIM AGINST US IN ANY SINGLE COURT.

YOU AGREE ALL DISPUTE ARISE FROM THIS ACCOUT FROM YOUR SIDE WILL BE CONDUCTED INVDIVIDULLY IN CIVIL COURT  AS SINGLE PARTICIPANT ONLY.

If a court determines that any part of this sentence or paragraph is not fully enforceable the remaining statements will be in full force and only that unenforceable section will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you.

NOTICE FOR ACTIVE-DUTY MILITARY MEMBERS AND THEIR DEPENDENTS:

The following disclosures apply to you if, at the time your account is opened, you are a “covered borrower” as defined in the Military Lending Act, which includes eligible active-duty members of the Armed Forces and their dependents:
  1. The provision in this Agreement called “Resolving a Dispute with Arbitration” will not apply to your account.
  2. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate  of 36%(percent). This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).

STATE NOTICES

NEW JERSEY RESIDENTS: Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.

TENNESSEE RESIDENTS:

This Agreement will not become effective unless and until we have (1) provided the disclosures required pursuant to the federal Truth in Lending Act, (2) you or an authorized user uses the account, and (3) we extend credit to you for that transaction on your account.

WISCONSIN RESIDENTS:

No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card.

PUERTO RICO RESIDENTS:

You may request a copy of this Agreement in Spanish.

ELECTORNIC SIGNATURE

Your signature on the application or sales slip (or online screen) via DocuSign/ E Sign or any other electronic form of signatures and initial is concede acceptable and a legal tender. And it does represent your signature on this agreement. It is incorporated herein by reference.

We have signed this Agreement as follows:

YOUR BILLING RIGHTS SUMMARY

Your Billing Rights: Keep this Document for Future Use

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement

If you think there is an error on your statement, write to or email to us at:

info@creditbuilderllc.com 

and or to your servicing company servicing your account.  

Please write to us your complete name and account number and what is the issue and Proof of correction and we will investigate the issue within

30 days we will contact you and correct the issue.

After our investigation if there was an error we will report the correction to credit bureaus and they may take 30 to 45 days to correct it on your report.

To stop the auto payment you must inform us 3 business days before your payment due date your notice must indicate the reason to stop and or if there is a correction in the amount of the payment.

AFTER RECEIVING YOUR LETTER

  • With 30 days of receiving your letter we must respond to you that we have received your letter and if we had a chance to fix the error or we believe the reporting is correct
  • Within 90 days of receiving your letter we must either fix the error or reply why we believe the reporting is correct.
  • While the investigation is in process, we cannot report you delinquent or collect on the amount in dispute.
  • While we are investigating the issue the amount in question will remain on your statement and accrue interest.
  • While we are investigating the issue in question the amount is still your responsibility and will remain on your balance.
  • We may apply any unpaid amount against your credit limit.

WHEN INVESTGATION IS COMPLETED

  • If the mistake was from our side the issue will be fixing and you will not have to pay the amount in question and any and all interest or fees on that amount will be credit to your account.
  • If we find no mistake on your account, you will need to pay the amount in question along with interest and fees associated with the amount.
  • Once we determine the issue on hand is correct and the amount is owe by you, we will send you a statement with amount due and you will have 30 days to pay the amount so it would not show delinquent on your credit reporting agency.
  • After receiving our response and you still believe we are incorrect within 15 days, you must inform us of why you refuse to pay if you do so we will cannot and will not report you delinquent.
  • If we reported you delinquent, we must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
  • By law if we do not follow all these rules, you will get $50 credit on the amount in dispute even if the issue is corrected.
  • It’s your right if you are dissatisfied with your revolving loan purchase.

YOUR RIGHT IF YOU ARE DISSATISFIED WITH THE PRODUCT  PURCHASED ON YOUR REVLOVING ACCOUNT

  • If you are dissatisfied the goods or services that you have purchased on your account and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

TO USE THIS RIGHT ALL THE FOLLOWING MUST TO TRUE

  1. The purchase must have been made in your home state or within 100 miles of your current mailing address.
  2. The purchase price must have been  more than $50.
  3. NOTE neither of these is necessary if your purchase was based on direct advertisement from Credit Builder LLC.
  4. You used this credit account to purchase the goods or services from your CREDIT BUILDER LLC.
  5. You must have a balance reaming on this account and not yet have fully paid for the purchase.
  6. If all these criteria from 1 to 5 had been meet and you are still dissatisfied with your purchase please contact us via info@creditbuilderllc.com
  7. While we investigating the issue the same rules apply to the dispute amount. After the investigation is completed, we will inform you of our findings and at that point if you owe the amount and decide not to pay, your account will be reported as delinquent.

CREDIT BUILDER PROGRAM

This account that you are opening will be reported to all credit agency and credit bureaus not limited to Experian, Equifax and Transunion with a high amount of dollars open to buy this will allow you to buy more on the account at any time you desire as long as the account is in good standing at the same time the high amount open to buy will improve your credit standing.

Minimum down payments requires on all purchases.

PRIVACY POLICY

FACTS

WHAT DOES CREDIT BUILDER ANDTHERE SERVICING COMPANIES

DO WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

■ Social Security number and income

■ Account balances and payment history

■ Credit history and credit scores

How?

All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Credit Builder chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information

Does Credit Builder  share

Can you limit this sharing?

For special investigation —

respond to court orders and legal investigations
Yes No

For our under writing department to extend credit limit

our servicing companies
Yes No

For joint marketing with other financial companies

Yes Yes

For our servicing companies everyday business purposes —

information about your transactions and process your transactions and experiences maintaining your account
Yes No

For everyday business purposes —

information about your creditworthiness
Yes No

For credit reporting

report to all credit bureaus
Yes No

For nonaffiliated marketing companies and brokers   

No Yes

To limit our sharing

■ Please send an email to info@creditbuilderllc.com

Please note:

If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice, or earlier if you consent or for types of information for which you do not have the right to limit our sharing. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.

Questions?

Every day questions about your account should be directed to info@creditbuilderllc.com and we will direct the email to the Servicing Company

Page 2

What we do

How does Credit Builder and

their

 servicing companies protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Credit Builder and

their

 

servicing collect my personal information?

We collect your personal information via when you

■ Apply and open an account with us

■ You provide personal and contact information

■ We collect information from credit bureaus about you

■ When you use your credit card to purchase or down payment on account

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law gives you the right to limit only

■ for sharing information to affiliates companies for purpose of marketing

■ for sharing information to nonaffiliated companies for purpose of marketing

■ 

STATE LAWS

 may give you additional rights to limit sharing see below.

What happens when I limit sharing for an account I hold jointly with someone else?

CREDIT BUILDER DOES NOT ACCEPT JOINT OR COSIGNS ACCOUNTS.

Definitions    (((((((((((((((((((((((((((((((((((((((((((((

Affiliated

■ Our affiliated companies are the servicing companies doing your billing and colleting your payments.

Nonaffiliated

■ Nonaffiliated companies are such as brokers or independent sales agents doing direct marketing and intruding you to our company.  

Joint marketing

■ We have many marketing companies and independent sales brokers witch will receive very limited information about you.

Other important information

IF YOUR ACCOUNT HAS A CALIFORNIA BILLING ADDRESS YOU ARE AUTOMATICLLY TREATED AS IF YOU LIMIT SHARING OF INFORMATION WITH AFFILIATED AND NONAFFILIATED COMPANIES.

WE WILL NOT SHARE YOUR INFORATION   FOR ANY JOINT MARKITING PURPOSES WITH OTHER FINANCIAL

INSTITUE.

For helpful information about identity theft, visit the Federal Trade Commission’s (FTC) consumer website at https://www.identitytheft.gov/ .

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