Service Agreement

Welcome to Trycera.com

Trycera Financial, Inc., its Officers, Executives, Directors, and Board of Directors (“Trycera”) make this web site, its products and services (collectively, the “Site”) available subject to the following terms and conditions (the “Agreement”). This Agreement is between you, the user of this Site, and Trycera. Please read this Agreement carefully before accessing or using this Site. By accessing or using this Site, or by establishing an account, you agree to be legally bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES WITHIN THIS SITE.

INTRODUCTION
Trycera Financial is a financial services company providing its customers with financial education and tools designed to help consumers manage a household budget, analyze their traditional credit reports and help provide alternative credit payment history (such as rent, utility, insurance, daycare, etc.) to the National Credit Reporting Agencies (CRA’s). Lenders typically use CRA’s to provide them with a consumer credit reports containing data commonly from 3 Bureaus – Experian, TransUnion, & Equifax. These bureaus, however, are lacking payment history for what is commonly known as “alternative credit” and Trycera Financial, Inc. helps you, the consumer, provide this payment history to lenders so to better show your true creditworthiness.

UPDATES TO THIS AGREEMENT
Trycera reserves the right to modify this Agreement at any time. Any modifications will become effective immediately upon the posting to this Site. You agree that it is your responsibility to review the Agreement periodically to be aware of such modifications, as your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.

YOUR USE OF THIS SITE IS A PRIVILEGE, NOT A RIGHT
Your use and your authorization to access and make use of this Site (and the materials and informational content available via this Site) is a privilege, not a right, and are subject to your compliance with this Agreement. You agree: (i) that you are fully responsible for your account and your activities while using this Site (including any data and other informational content and materials you access, submit, receive or transmit via this Site), and (ii) to comply with all applicable laws.

NO UNAUTHORIZED USE PERMITTED
You agree not to use this Site to engage in any prohibited conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) Trycera or any other party or property; that violates another party’s privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. For example, you agree to submit only true, valid and accurate information to this Site (including during any registration process). You also agree to promptly correct any errors in any information related to you

TERMINATION OF ACCESS
Trycera shall have the right to terminate this Site and to discontinue, suspend or modify this Site in whole or in part, with or without notice, at Trycera’s sole discretion. This includes the right to terminate the access or account(s) of any user who violates this Agreement. You agree that Trycera shall not be liable for doing so. In addition, Trycera may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time. Trycera reserves the right to investigate, involve and cooperate with appropriate authorities regarding any fraudulent or other illegal or unauthorized activities involving this Site, and to disclose any information necessary for such purpose.

PRIVACY POLICY.
Your privacy is very important to Trycera. Trycera’s Privacy Notice is posted on this website, and we encourage you to review it.

OWNERSHIP AND TRADEMARKS.
This Site, including all content, HTML or other code, pages, graphics, software and all other materials associated or within this Site (collectively, the “Content”), and the compilation of the Content and the “look and feel” of this Site are the property of Trycera and its licensors and service providers, and are protected by US and international copyright and intellectual property rights laws and treaties. No portion of the Content may be used or otherwise exploited for any purpose and in any form without the express written permission of Trycera and, as applicable, its licensors and service providers.

The Trycera name, logo, marks, products and service names are trademarks or registered trademarks of Trycera and are Trycera’s exclusive property. These marks may not be used for any purpose without the express written permission of Trycera. Other trademarks used on this Site are the property of the respective owners. All rights not expressly granted are reserved.

DISCLAIMER OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE INCLUDING ALL INFORMATION, PRODUCTS OR SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND THE ENTIRE RISK OF USING THIS SITE IS WITH YOU. TRYCERA EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (ii) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE BY Trycera; (iii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (iv) THAT THIS SITE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED.

LIMITATIONS OF LIABILITY.
THIS SITE IS PROVIDED WITHOUT LIABILITY OF ANY KIND ON THE PART OF Trycera (OR ANY OF ITS PARENTS, OFFICERS, EXECUTIVES, DIRECTORS, BOARD OF DIRECTORS, LICENSORS OR PROVIDERS). IN NO EVENT SHALL Trycera (OR ANY OF ITS PARENTS, OFFICERS, EXECUTIVES , DIRECTORS, BOARD OF DIRECTORS, LICENSORS OR PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THIS SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THIS SITE (OR ANY PART THEREOF), (iii) THE INTERNET GENERALLY OR (iv) ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO OTHER SITES.
This Site contains links to third party web sites, resources and informational content (“linked sites”). These links are provided solely as a convenience to you and are not meant to constitute an endorsement by Trycera of the contents of such third-party materials. The linked sites are not under the control of Trycera and Trycera is not responsible for any of the materials available from any linked sites. Trycera disclaims all responsibility and liability with regard to your access to or use of such linked sites.

ADDITIONAL TERMS
Certain areas or aspects of this Site may be subject to additional rules, policies procedures, and/or terms (collectively, the “Additional Terms”). Your use of this Site is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.

DISPUTE RESOLUTION.
All claims, disputes and controversies and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement, or the breach thereof, or the Site, which have not been resolved by the parties thirty days after having been raised in writing by one party to the other, may, upon the written demand by either party, be settled by binding arbitration pursuant to the Federal Arbitration Act and the rules then in effect of the American Arbitration Association under its commercial Arbitration Rules (unless you are an individual, in which case its consumer rules will apply) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding any provisions in such rules to the contrary, the arbitrator(s) shall have no authority to add or detract from the agreements of the parties. You expressly agree that any claim, dispute and controversy shall be arbitrated on an individual basis and not aggregated with the claims of any third party; class action arbitration is expressly prohibited.

MISCELLANEOUS
You hereby consent to the exclusive jurisdiction and venue of state or federal courts in the State of CA, USA in all disputes arising out of or relating to this Agreement and this Site, subject to the dispute resolution provisions listed above. Notices given by you to Trycera must be given by postal mail to Trycera Financial, Inc., 4695 MacArthur Ct, Ste 1100, Newport Beach, CA 92660 unless Trycera indicates otherwise. This Agreement is solely between you and Trycera. This Agreement does not create, and you and Trycera expressly disclaim, any third-party beneficiary relationships. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Except as expressly stated otherwise herein, this Agreement, together with the Privacy Policy and the other Additional Terms collectively constitutes the entire agreement between you and Trycera regarding their subject matter, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Trycera with respect to such subject matter.

DUPLICATE COPY: Separate Notice of Cancellation Form Pursuant to Federal & State Statutes (Notice of Cancellation):

Trycera Financial, Inc., in compliance with Federal Law, is hereby required to give its members two (2) Notices of Cancellation regarding allowing its members to cancel the Service Agreement without any penalty or any future obligation, within five (5) days of signing such Agreement. The newly enrolled party is entitled to a full and complete refund of any monies paid up to the time of cancellation. After the fifth day, any monies paid are non-refundable.

A signed cancellation notice (stating name, address, and reason for cancellation) must be received on or before the fifth day of signing Service Agreement in order for a full and complete refund. Cancellation notices may be emailed to Orders@Trycera.com, faxed to (949) 674-5902 or mailed to:

Trycera Financial, Inc.
Attn: Orders Department
4695 MacArthur Ct, Ste 1100
Newport Beach, CA 92660

DISCLOSURE STATEMENT AND RIGHT TO CANCEL
Accompanying The Service Agreement, and by this reference, made part of The Service Agreement, is the “Disclosure statement and Notice of Cancellation.” The Disclosure statement must be read and signed (see digital signature) by you before The Service Agreement is deemed valid and Trycera Financial, Inc. can commence services for you.

In addition, the Notice of Cancellation provides to you the right to cancel the Service Agreement without penalty or obligation at any time before midnight of the fifth (5th) day which begins on the date in which you signed the Service Agreement.

DIGITAL SIGNATURE
E-sign grants electronic signatures and documents equivalent legal status as traditional handwritten signatures. By completing our Enrollment you are digitally agreeing to the Service Agreement, you are certifying that your digital signature is the equivalent of your handwritten signature. Furthermore, you agree that you have read all of the Terms and Conditions of the Service Agreement and are signing each section of the Service Agreement with your digital signature. You further agree that you understand the Service Agreement and have read “Your Rights as a Consumer”.

LETTERS OF APPEAL
By entering into the Service Agreement, you, the consumer, has executed a limited power of attorney to Trycera Financial, Inc. to create and sign correspondence on consumer’s behalf for the purpose to communicate consumer’s claim(s) of inaccurate, untimely or unverifiable information to the credit bureau(s). Consumer understands and agrees that any such dispute letters drafted, signed and mailed on your behalf and/or in your name by Trycera Financial, Inc. will be kept as part of your client file and will be available for your review at anytime, by logging into your web portal.

LIMITATIONS OF REPRESENTATION
The scope of this service is limited to representations described herein and understands that Trycera Financial, Inc. does not include representation or counsel interpreting the laws of its consumer’s State. You, the consumer, understands that that you should consult an attorney in your own State to receive such an opinion. By signing the Service Agreement, you acknowledge that you’ve read, understand and agree to each and every item described in the terms and conditions of the Service Agreement. You further agree that if any term or condition of the Service Agreement is invalidated or found to be void, the remaining terms shall remain in full force and effect. Finally, you hereby agree to release Trycera Financial, Inc. and/or its subcontractors and assignees from any liability created by the limitations of the representations identified in the Service Agreement.

LIMITED POWER OF ATTORNEY
You, the consumer, explicitly give and grant to Trycera Financial, Inc., and/or its subcontractors and/or assignees, full power and authority to do and perform every act necessary and proper in the exercise of any of the powers granted hereunder as fully as you might or would do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that your said attorney in fact shall lawfully do or cause to be done by virtue hereof. You also hereby agree to empower Trycera Financial, Inc., its employees, agents, subcontractors and assignees to perform or engage in any act on behalf of you/yourself. Further, if a debt adjustment contract has been entered into by yourself, you also empower Trycera Financial, Inc., its employees, agents, subcontractors and assignees to perform or engage in any act on behalf of yourself related to such debt. The specific acts necessary to accomplish the purpose of the Service Agreement shall be at the sole discretion of Trycera Financial, Inc.’s professional judgment. The specific acts may include written and oral communications regarding disputes and negotiations with various agencies and entities disseminating credit data concerning you, the consumer. The various agencies and entities include but are not limited to, credit bureaus, creditors and collection agencies. You agree to authorize Trycera Financial, Inc., to order a consumer credit report or agree to provide a current credit report on yourself. You, the consumer, specifically waive your right to privacy regarding any communications between Trycera Financial, Inc. and any various agency and/or entity disseminating credit data regarding yourself.

TERM
The term of the Service Agreement is for up to six (6) month period and may be renewed for an additional period of up to six (6) months. Payments are to be made on a monthly basis and such payments will be reported to each of the three (3) credit bureaus upon request. All on-time payments reported will be reflective of a positive trade line on your credit reports. The Service Agreement can be canceled at any time for any reason by submitting a Notice of Cancellation. (See Notice of Cancellation)

DISCLAIMER
I, the consumer, understand and agree to the following disclaimers:

1. I understand that the services detailed in the Service Agreement may create renewed or increased action on the part of my creditors if there are outstanding obligations. I further understand that Trycera Financial, Inc. does not represent me with regard to outstanding obligations to creditors.

2. I understand that the services detailed in the Service Agreement may result in the removal of positive listings of credit from my consumer credit reports and I agree not to make any claim against Trycera Financial, Inc. or subcontractors as a result of this I further understand that I may contact these creditors at the completion of my case and request that they re-report the positive listings.

APPLICABLE LAW AND JURISDICTION
The Service Agreement is made in the State of California, United States of America. The Service Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Service Agreement, including application and/or interpretation of the arbitration provision, or Trycera Financial, Inc.’s services shall be an appropriate State of Federal court in the State of California.

JOINDER AND CLASS ACTION
No dispute concerning the Service Agreement or Trycera Financial, Inc.’s services to be resolved by binding arbitration or by any court may be joined with another lawsuit or other proceeding involving a dispute or any other person or entity, or resolved on a class-wide basis.

PREVAILING PARTY
If any litigation or other proceeding is brought by either party in connection with this Service Agreement or Trycera Financial, Inc.’s services, the prevailing party in the litigation or other proceeding is entitled to recover from the other party all costs, reasonable attorneys’ fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.

SEVERABILITY
In the event that any part of or all of any one or more of the provisions contained in the Service 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 the Service Agreement shall be construed as if such invalid, illegal or unenforceable part or all of the provision or provisions had never been contained herein.

INDEMNIFICATION
You, the consumer, agrees to defend, indemnify and hold Trycera Financial, Inc. and its members, managers, employees, subcontractors, assignees and agents harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of Trycera Financial, Inc.’s provision of services to you, the consumer, under the Service Agreement or your breach of the Service Agreement, except for claims, demands, actions, liabilities, costs or damages arising out of Trycera Financial, Inc.’s gross negligence or willful misconduct.

You, the consumer, further agree to pay Trycera Financial, Inc.’s reasonable attorneys’ fees and costs arising from any actions or claims eligible for indemnification under the Service Agreement.

ENTIRE SERVICE AGREEMENT
The Service Agreement represents the entire Agreement of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior written and/or oral Agreements with respect thereto. Trycera Financial, Inc. and/or its assignees reserve the right to modify, revise and/or amend this Service Agreement without prior notice and agrees to notify its members of any Contract changes within 30 days of any changes taking effect.

CONTACTING TRYCERA FINANCIAL, INC.

AGREEMENT
You, the consumer (and any co-applicant) hereby agrees to retain Trycera Financial, Inc. and any of its subcontractors for the purpose of performing certain credit verification services with respect to collection agencies, creditors, credit bureaus and credit reporting agencies:

Trycera Financial, Inc. agrees to perform the following Description of Services for You, the Consumer:

INITIAL ACCOUNT ANALYSIS AND PROGRAM REVIEW
Upon execution of the Service Agreement, Trycera Financial, Inc. will perform the following services (the “Analysis/Review”):

1. Obtain the Consumer’s profile into our database for electronic processing and
2. Giving the Consumer access to a secure back office web portal to securely enter monthly expenses.
3. Assist and/or obtain consumer’s 3 bureau credit reports & scores and perform complete analysis.
4. Telephonic and/or electronic notifications of review process complete and inform the consumer of the necessary steps required to achieve his/her goals.
5. Provide telephonic and/or electronic email support for consumer questions.
6. Provide access to all correspondence sent to creditors and/or credit bureaus on your behalf.

MONTHLY PAYMENT
The Service Agreement is for a term of up to six (6) months and includes all services described and included in Trycera Financial, Inc.’s financial and educational package. It also includes access to secure online consumer account, budgeting web portal, money and credit tips, monthly newsletters, financial educational resources, and other money management and credit management educational tools.

You will be billed at the end of each month which you remain a loyal customer with Trycera Financial, Inc. The Company will provide the following Services each month:

1. Work on behalf of you, the consumer, to clear and/or correct personal credit profile of any missing and/or inaccurate, untimely, erroneous and unverifiable information.
2. Send out correspondence to any creditors and/or bureaus regarding information which appears on consumer’s credit report not in compliance with the Federal Fair Credit Reporting Act (FCRA) (15 USC § 1681a-1681t) (http://www.ftc.gov/os/statutes/031224fcra.pdf), or as instructed or by You, the Consumer.
3. Access to any Credit and Budget Mentor assisting with individual efforts to restore personal Credit Rating and Profile and assisting to set up and maintain a personal household budget.
4. Phone and/or electronic review and guidance to questions pertaining to consumer’s credit file and any reports as requested and or
5. Provide phone and/or electronic information and reminders about documents to forward to Trycera Financial, Inc. by Consumer for analysis and review.
6. The electronic updating, maintenance and storage of the Consumer’s case, files and secure client a
7. Unlimited Access to secure client back office area providing consumer with access to personal account information, case history, progress, tools, resources and monthly
8. Unlimited Access to all Terms and Conditions, Privacy Policy, The Service Agreement, Disclosure Statement and Notice of

Note – Monthly Services described herein: service shall be deemed fully rendered and complete for that month. Trycera Financial, Inc. cannot be held liable if consumer fails to utilize and/or take advantage of access and services available as a member. If the Consumer seeks additional services not contained in the Service Agreement you selected, a separate Agreement may be required.

CONSUMER COMMITMENT
Consumer understands and agrees to the following commitments and processes:

1. During the course of your membership, you will need to forward copies of all documents and correspondence from the any and all collection agencies, creditors and credit bureaus to Trycera Financial, Inc.
2. You, the consumer, understands that Trycera Financial, Inc. will be limited in its ability to provide the services outlined in the Service Agreement if you do not provide 1) requested information or 2) items listed above in line one (1).
3. To inform Trycera Financial, Inc. of any change of Address, Phone and Billing Information within ten (10) days of such change. Consumer understands that Trycera Financial, Inc. will be limited in its ability to provide the services outlined in the Service
4. You may correspond via e-mail directly with a credit mentor as much as you wish during your time with us as a Consumer.
5. You, the consumer, understands that Trycera Financial, Inc. is not a law firm, but instead is offering credit enhancement and financial services.
6. You, the consumer, is not an employee of any credit reporting agency nor have You retained Trycera Financial, Inc. under any false
7. That the success of the services detailed herein depends heavily upon Your fulfillment of these

LENGTH OF SERVICE
The duration of the Service Agreement is for up to six (6) months with monthly payments to be made at the end of each month unless Notice of Cancellation is received terminating the Service Agreement. The total amount to be charged per the Service Agreement will displayed and agreed upon at the time of checkout and is also displayed in the following chart:

The speed of progress will depend on a variety of factors including but not limited to, the nature of your case, the level and timely response of communications from the credit bureaus and/or creditors and You, the consumer’s level of commitment and participation. As each particular issues involved in each case varies, we cannot guarantee a specific outcome or accurately predict how long it will take.

CANCELLATION POLICY
You may cancel the Service Agreement at any time, for any reason by providing Notice of Cancellation to Trycera Financial, Inc. as described above. Upon Cancellation, all services will stop and access to any and all customer online portals will be blocked.

REFUND POLICY
If Notice of Cancellation is received within the first five (5) days, which begins on the date the Service Agreement was signed, you are entitled to a complete and full refund of any funds paid to Trycera Financial, Inc. You agree and completely understand and acknowledge that the Initial Setup Fee and any monthly fees paid to Trycera Financial, Inc. are non-refundable after the five (5) days grace period expires, which begins on the date the Service Agreement was signed (see digital signature).

REFUND POLICY
Trycera Financial, Inc. has an unconditional 30-Day money back guarantee. If at any time during the thirty (30) day period beginning on the date the Service Agreement is signed, you may request a full and complete refund of any monies paid to Trycera Financial, Inc. After such time, No Refund will be offered or given.

PAYMENT TERMS
Upon completing the Signup Process, Analysis and Program Review, You, the consumer, agree and authorize Trycera Financial, Inc. to process the payments agreed upon pursuant to the table listed hereto:

The initial consumer Setup Fee will be charged after the Account Analysis and Program Review has been completed and you, the Consumer will have the right to cancel within the initial five (5) days once the initial payment has been received. The remaining monthly payments will be debited from your authorized account (credit card, debit card, checking or savings account) at the end of each 30 day period, beginning on the date which the initial payment was received.

FRAUD RESOLUTION
We cooperate fully with all law enforcement agencies in the pursuit of fraud, with regard to Trycera Financial, Inc. If you believe your account was fraudulently charged for any of the Company’s services, every effort will be made to aid in the resolution. Please allow at least 30 days for the Resolution.

DIGITAL SIGNATURE/ACCEPTANCE OF THE SERVICE AGREEMENT
The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing our enrollment and the Service Agreement, you are certifying that your digital signature is the equivalent of your handwritten signature. Furthermore, you agree that you have read and agree with all of the Service Agreement and are signing each section of the Service Agreement with your digital signature. You further agree that you fully and unconditionally understand the Service Agreement and have read “Your Rights as a Consumer”.

Federal and State Laws allow You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.

Separate Notice of Cancellation Form Pursuant to Federal & State Statutes (Notice of Cancellation):

Federal and State Laws allows you, the Buyer to cancel this contract, without any penalty or obligation, within five days from the date the contract is signed. If you cancel, any payment made by you under this contract must be returned within 15 days following receipt by the seller of your cancellation notice.

A signed cancellation notice (stating name, address, and reason for cancellation) must be received on or before the fifth day of signing Service Agreement in order for a full and complete refund. Cancellation notices may be emailed to Orders@Trycera.com, faxed to (949) 674-5902 or mailed to:

Trycera Financial, Inc.
Attn: Orders Department
4695 MacArthur Ct, Ste 1100
Newport Beach, CA 92660