Terms & condition
You may cancel the monthly “Services 2” at any time, for any reason or no reason, by providing notification to Judgment Deficiency.com. To cancel our monthly service; mail, email, or fax a signed, dated notice stating your desire to cancel this Agreement, including your name, Client Identification Number, and desire to cancel this transaction.
Judgment Deficiency.com has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement.
Judgment Deficiency.com provides its service to you subject to the Client Services Agreement.
Protecting your privacy while on our web site is important to us. Judgment Deficiency.com works hard to keep your personal information confidential. By ensuring that you are aware of and fully understand the Judgment Deficiency.com Online Client Privacy Policy, we can provide you with better service. Please take a moment to read the following to learn how we handle your personal information.
Collection of personal information:
We collect personal information to enroll you in our service. The information we require is kept to the minimum necessary to establish online or offline services. Judgment Deficiency.com uses your personal information to provide you with improved customer service, to communicate with you regarding your case, and to communicate with your lender regarding your deficiency. From time to time, we may also use your personal information to contact you to participate in a market research survey so we can gauge client satisfaction and improve our service further.
When we disclose personal information:
During any part of the negotiation process, your personal information may be shared with certain Judgment Deficiency.com employees or contractors. They will protect your personal information in accordance with the Judgment Deficiency.com Customer Privacy Policy and internal policy and procedures as well. Judgment Deficiency.com will not share or sell your personal contact information.
Judgment Deficiency.com works with other companies that help us provide service, and we may provide your personal information to these companies. For example, should we need to forward written documents to you, we may need to give shipping companies (e.g. UPS) this information so they can deliver these documents. The information they receive is for shipping and delivery purposes only, and we require that the companies safeguard your personal information in accordance with Judgment Deficiency.com policies.
Protecting your personal information:
Judgment Deficiency.com safeguards the security of the data you send us with physical, electronic, and operational procedures. We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often; use a combination of letters and numbers.
The Judgment Deficiency.com web site uses industry standard Secure Socket Layer (SSL) encryption on web pages where personal information of a sensitive nature is transmitted. To sign up for Judgment Deficiency.com’s service, or to log into the client portal section of Judgment Deficiency.com web properties, you will be provided with an SSL connection, and will need an SSL-enabled browser such as Internet Explorer, Firefox, or Opera. SSL helps protect the confidentiality of your personal information as it is transmitted over the Internet.
Collecting other personal information:
When you browse Judgment Deficiency.com’s web site, you are able to do so anonymously, although "anonymous usage statistics" are collected. Your browser will automatically tell Judgment Deficiency.com IT staff basic information such as screen resolution, operating system, and other such details that may be used in aggregate to provide an improved end-user experience in revisions and editions of the site or portions of the site.
The Judgment Deficiency.com web site is capable of and may use "cookie" technology from time to time or for certain "landing pages" or referring URLs. When you first connect to our site, the cookie may identify your browser via a unique, random number. The cookies do not reveal any personal information about you; they help IT staff better track and provide for which parts of our web sites are the most popular, where our visitors are going, where they come from, and how long they spend there.
In some of our emails to you, we use a "click-through" URL. When you click one of these URLs, you may pass through our web servers before arriving at the web site that is your destination. We track click-throughs to help us determine your interest in particular topics and measure the effectiveness of our customer communications.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (tracking pixels) to measure advertising effectiveness.
Our company-wide commitment to privacy:
Judgment Deficiency.com does not knowingly solicit personal information from children or send them requests for personal information. Judgment Deficiency.com’s web site may contain links to other sites, over which we have no control, nor is a link from a Judgment Deficiency.com property to a separate entity's web page or presence an endorsement of the quality or accuracy of content at the location. Judgment Deficiency.com does not share your personal information with such "linked" web sites, and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies on an individual basis.
The Judgment Deficiency.com Customer Privacy Policy is subject to change at any time. We encourage you to review the privacy policy regularly for any changes. If you have any questions on the visual design of the web site, web technology, HTML code, cookies, collection of information, tracking pixels, affiliation, or anything else related to your privacy, feel free to contact us at any time.
Judgment Deficiency.comSERVICE AGREEMENT
You (the “Client”) have requested the negotiation services of Judgment Deficiency.com, a US based corporation. Judgment Deficiency .com has agreed to provide negotiation services pursuant to the terms herin. This Agreement is dated and effective upon the date that the Client accepts the terms herein.
Judgment Deficiency.com Scope of Services:
Upon execution of this Agreement, Judgment Deficiency.comshall provide the following services.
Service 1 - Initial Set-Up: upon execution of this agreement, Judgment Deficiency.com will perform the following set up and related services (the "Initial Set-Up"): (i) set-up of the Client's profile, (ii) provide set-up and opening access to our client-only sections of our website and initial analysis of client’s circumstances and initial determination of required services and strategy, (iii) email support for any questions you may have during the Initial Set-Up period, and (iv) enter the Client profile into our database for electronic processing and storage to enable the client to have unlimited online access to their account and to permit the client to electronically notify and inform us of relevant information.
PLEASE NOTE:
Upon the completion of the Initial Set-Up, Service 1 shall be deemed fully complete and performed and the set-up fee earned.
Service 2 – Monthly Services:
Each month that you choose or decide to remain a client, Judgment Deficiency.com will provide the following additional minimum services to the Client: (i) reminders about materials or information that the Client needs to provide to Judgment Deficiency.com, (ii) access to trained Judgment Deficiency.com Deficiency Advocates, (iii) review and analysis of your case file and correspondence from lenders, as applicable, (iv) the drafting and sending of personalized 'negotiation letters' to your lenders. (v) the electronic updating, maintenance and storage of the Client's case file, (vi) ) review and analysis of correspondence from lenders and others properly submitted to Judgment Deficiency.com during the month, and (vii) provide unlimited online access to the Client to access their account information. At the end of each month that you remain a client and that Judgment Deficiency.com provides monthly services described herein, Service 2 shall be deemed fully complete and performed for that month.
2. Outcome Guarantee and Estimated Length of Time:
As the particular issues involved in each individual case vary from case to case, we cannot guarantee a specific outcome or accurately predict how long it will take. As such, the negotiation process may take up-to or less than twenty-four months. On average, clients remain active for 6 to 8 months, although for each individual case, this average can be reduced or extended based upon the promptness of the client to forward necessary information.
3. Cost for Services:
The total amount charged to you will depend on the length of time that you choose to remain a client. Judgment Deficiency.com charges you an Initial Setup Payment upon execution of this agreement. At the end of each month thereafter, Judgment Deficiency.com charges your credit card the monthly rate for your Program to cover the services fully and completely rendered during that month as described in Paragraph 1, Judgment Deficiency.com Scope of Services, section titled Monthly Services.
The rates charged are currently:
999.99 Initial Set-up Payment (Service 1), 999.99Monthly Payments (Service 2) thereafter for each month that the Client chooses to participate in the program.
4.Terms for Payment:
You grant Judgment Deficiency.com permission (i) to authorize and capture the Initial Set-Up fee and Monthly Services fees as they become due from your credit card unless you terminate this Agreement and (ii) to verify your account information. You may be charged up to a $25 fee if your payment for Judgment Deficiency.com services is not honored upon first presentment by Judgment Deficiency.com to your credit card company or bank.
5. Cancellation Policy:
You may cancel this Agreement at any time, for any reason or no reason, by providing notification to Judgment Deficiency.com. To cancel this Agreement mail, email, or fax a signed, dated notice stating your desire to cancel this Agreement, including your name, Client Identification Number, and desire to cancel this transaction.
Judgment Deficiency.com has the right to discontinue services and/or terminate this Agreement without prior notice if the Client defaults under this Agreement.
6. Refund Policy:
If you cancel this Agreement within the first five (5) days, you are entitled to a complete refund of any funds paid to Judgment Deficiency.com. You understand and acknowledge that the initial Setup Fee is nonrefundable after five (5) days of the date that your case is opened. After (5) days, you may be entitled to a full or partial refund of any Monthly Payments. During any month, if we fail to provide the agreed upon services in Judgment Deficiency.com’s sole discretion, we will refund your Monthly Fees for that month. To request a refund, simply mail, email, or fax a request to the Contact Us area.
7. Limited Power of Attorney:
To provide our services for you pursuant to the Program you have selected, we require your permission to draft, sign, and send letters to the necessary Lenders on your behalf and in your name specifically. By granting Judgment Deficiency.com a Limited Power of Attorney, you give Judgment Deficiency.com authority and permission to write and send letters to lenders and or collection agencies on your behalf and in your name. You will be asked to sign and return a letter authorizing us to negotiate with your lender.
8. Client Obligations:
Client agrees to provide Judgment Deficiency.com with any and all information, in a timely manner, needed to facilitate the services to be provided to the Client. The Client authorizes Judgment Deficiency.com, its employees and agents to prepare all necessary correspondence, either written or electronic, relating to Judgment Deficiency.com 's services and to submit to Judgment Deficiency.com any additional information legally required or necessary to support those services. The Client agrees to forward immediately to Judgment Deficiency.com all correspondence from the lenders, or others relating to services provided by Judgment Deficiency.com. The Client agrees to immediately notify Judgment Deficiency.com of any changes I Client’s circumstances including, but not limited to, changes of address, changes in employment, changes in financial condition. The Client understands that all information provided to Judgment Deficiency.com must be true and accurate to the best of the Client's knowledge. The Client agrees to print or save a copy of this Agreement to retain with your personal records. The Client acknowledges that Client intentionally sought out Judgment Deficiency.com to perform services. Client agrees that negotiation letters drafted, signed and mailed on your behalf and/or in your name by Judgment Deficiency.com are proprietary to Judgment Deficiency.com and will not be kept as part of your client file. Client agrees to make copies of any documents provided to Judgment Deficiency.com to retain with your personal records. Judgment Deficiency.com may not return documents forwarded by you. Client understands that Judgment Deficiency.com is not a law firm, but instead is a corporation offering mortgage deficiency negotiation services.
9. Arbitration:
Any claim arising out of or relating to this Agreement or Judgment Deficiency.com 's services, or the enforceability or scope of this arbitration provision, or the enforceability of this Agreement, shall be settled by binding arbitration on an individual basis and not consolidated with any other person's claim. The arbitration shall be conducted through and in accordance with the commercial arbitration rules of the American Arbitration Association. For a copy of their procedures, contact the American Arbitration Association at www.adr.org. The arbitrator's decision will be final and binding except for any appeal rights under the Federal Arbitration Act. The arbitration shall be conducted solely and exclusively in Denver County, Colorado.
IF A CLAIM OR DISPUTE IS TO BE ARBITRATED PURSUANT TO THIS AGREEMENT, NEITHER THE CLIENT NOR JUDGMENT DEFICIENCY.COM SHALL HAVE THE RIGHT TO LITIGATE THE CLAIM OR DISPUTE IN A COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM OR DISPUTE. PRE HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER THE CLIENT NOR Judgment Deficiency.com SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CLIENTS OF Judgment Deficiency.com WITH RESPECT TO THEIR AGREEMENTS WITH Judgment Deficiency.com OR Judgment Deficiency.com 'S SERVICES, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If the arbitration clause above is held not to be enforceable by any court or through any arbitration proceeding, then to that extent, any legal or equitable action concerning this Agreement that involves the Agreement or Judgment Deficiency.com 's services shall be initiated and conducted only in the state or federal courts in Denver County, Colorado, on an individual basis and not consolidated with any other person's claim. Both parties (You and Judgment Deficiency.com) agree to submit to the exclusive personal jurisdiction of those courts.
10. Applicable Law and Jurisdiction:
This Agreement is made in Denver County, state of Colorado, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to conflicts of laws provisions.
11. Attorney Fees:
If Judgment Deficiency.com is required to initiate any litigation or other in connection with this Agreement or Judgment Deficiency.com’s services, Judgment Deficieny.com is entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by it the prevailing party in the litigation.
12. Severability:
In the event that any part of or all of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, including binding arbitration, such invalidity, illegality or unenforceability shall not affect any other part of or all of any provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.
13. Indemnification:
The Client agrees to defend, indemnify and hold Judgment Deficiency.com and its members, managers, employees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of Judgment Deficiency.com 's provision of services to the Client under this Agreement or the Client's breach of this Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of Judgment Deficiency.com 's gross negligence or willful misconduct. The Client further agrees to pay Judgment Deficiency.com 's reasonable attorneys' fees and costs arising from any actions or claims eligible for indemnification under this Agreement.
14. Entire Agreement:
This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements with respect thereto. This Agreement shall not be amended or modified, except in writing signed by each of the parties hereto.
15. Electronic Signature/Acceptance of Agreement:
The Client agrees that his or her digital signature is equivalent to a handwritten signature as provided in The Federal E-Sign Act. By checking the box that you, the Client, have read and agree to the terms of this Agreement, you are submitting your acceptance to the terms herein electronically as if you had physically signed the Agreement.
OUR INTERNET WEB SITE TERMS OF USE AGREEMENT
This agreement (the "Agreement") is entered into between Judgment Deficiency.com, and the party (hereinafter referred to as “You”) utilizing the Internet web site created and supported by Judgment Deficiency.com.
Please read this Agreement carefully before accessing or using the Site. By accessing or using the Service, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site and must leave the Site immediately. If you utilize the Site in a manner inconsistent with these terms and conditions, Judgment Deficiency.com may terminate your access, block your future access and /or seek such additional relief as the circumstances of your misuse indicate is proper. Judgment Deficiency.com provides the information on this Site as a service to the general public. While the information on this site deals with legal issues, it does not constitute legal advice. If you have specific questions related to information available on this Site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation. If you are currently engaged in or subsequently become engaged in, litigation relating to your deficiency, you should immediately seek legal advice.
Judgment Deficiency.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use.
Judgment Deficiency.com agrees to post information and provide you access to the Site only in accordance with this Agreement.
You accept that the Site is provided on an "as is, as available" basis. Judgment Deficiency.com reserves the right to make changes to the Site, including the availability of any feature, database, content, web page materials, product information and prices on the Site at any time without notice or liability. Judgment Deficiency.com may also restrict access to You to parts or the entire Site without notice or liability. Judgment Deficiency.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL ARTICLES, MATERIAL AND INFORMATION DISPLAYED BY Judgment Deficiency.com ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT, NOR INTENDED TO BE, CONSIDERED LEGAL ADVICE OR A SUBSTITUTE FOR SPECIFIC ADVICE.
Judgment Deficiency.com does not represent, endorse or warranty the accuracy or reliability of any advice, opinion, memorandum, statement, content, or other information displayed or distributed through the Site, including through links to other web sites. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Judgment Deficiency.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright, and are owned or controlled by Judgment Deficiency.com or the party credited as the provider of the materials. Copying, modifying, distributing, republishing or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Judgment Deficiency.com or the copyright holder identified in the individual content's copyright notice.
You represent, warrant and covenant that you are at least eighteen (18) years old, and that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) Restrict or inhibit any other user from using and enjoying the Site; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) Contain a virus or other harmful component; (vi) Contain any information, software or other material of a commercial nature; (vii) Contain advertising of any kind; or (viii) Constitute or contain false or misleading indications of origin or statements of fact.
In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: (i) Unless you are participating in an area of the Site that requires or encourages anonymity, You agree to use your real name in online communications. (ii) You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission. (iii) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
You acknowledge that transmissions to and from the Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, or for any breach of security associated with the transmission of sensitive information through the Site or any linked site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Judgment Deficiency.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Judgment Deficiency.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICBLE, YOU AGREE THAT JUDGMENT DEFICIENCY.COM AND ITS AFFILIATES’ AGGREGATE LIABLITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and Judgment Deficiency.com by Your use of the Site other than as strictly defined pursuant to the Agreement and any subsequent written agreement (such as a Retainer Agreement) entered into with Judgment Deficiency.com.
You hereby agree to indemnify, defend and hold harmless Judgment Deficiency.com, and all its officers, directors, owners, agents, employees, information providers, contractors, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Judgment Deficiency.com and all its officers, directors, owners, agents, employees, information providers, contractors, affiliates, licensors, and licensees to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Judgment Deficiency.com 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Judgment Deficiency.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
This Agreement contains the entire understanding between You and Judgment Deficiency.com with respect to the Site and no representation, statement, inducement, be it oral or written, not contained herein shall bind either party
Should any part of the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Agreement had been eliminated.
This Agreement may be terminated by either party as provided herein; provided that You may no longer use the Site after You have terminated this Agreement.
The Site, any information provided from it and the Terms of Use are given and made in the state of Colorado, United States of America. THESE TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO applicable to agreements made and to be performed in Colorado, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. You agree that any and all legal action or proceedings between Judgment Deficiency.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Denver County in the State of Colorado.
AFTER FORECLOSURE,
