Car History Correction Service Agreement

AUTHORIZATION/EXCLUSIVE REPRESENTATION:

I authorize Car History Defender and its retained service providers, to act on my behalf in taking appropriate measures to communicate with independent car history reporting companies to fix, remove, or correct details that I believe are inaccurate. “CHD” and its Service Providers are therefore authorized to make such investigations, undertake communications, and make all efforts possible to achieve an accurate car history report reflecting my vehicle’s true history about repairs, damage, accidents and maintenance. The Client acknowledges that “CHD” will solely represent him/her for purposes of such efforts. Note that other than “CHD” assistants and employees, this Agreement covers outside contractors that are retained by “CHD” for legal services.

That being said, “CHD” may consult and/or retain legal services with law firms to discuss the individual details and communications with car history reporting companies and therefore you give consent to same. It is understood that the Above referenced Client is not retaining any law firm and that no attorney-client relationship is being created through this Agreement. Any law firm or attorney retained is solely hired by “CHD” to assist the company with services offered under this Agreement. The above-referenced Client understands and acknowledges that the execution of this Agreement does not create any relationship or contract for services with a law firm, attorney or legal service provider.

CAR HISTORY CORRECTION SERVICE FEES and COSTS:

A one-time flat fee payment is charged for this service. Any alternative fee structure would have to be in writing. Upon execution of this Agreement, an electronic payment service process will be made available to complete this transaction. The execution of this Agreement without the successful completion of payment will make this Agreement null and void.

It is understood that no additional fees will be charged under this Agreement. If additional fees or costs are required, the above-referenced Client and “CHD” must agree in writing for said fees or costs to be owed. Any costs or fees associated with “CHD” retaining outside legal counsel or other professional advisors is solely the responsibility of “CHD” and not the responsibility of the Client. Business relationships and transactions between “CHD” and its service providers are not required to be disclosed under this Agreement.

It is acknowledged and understood that the flat fee paid for the CAR HISTORY CORRECTION SERVICE is non-refundable. Due to the processing fee and additional costs, no refund for this service can be made. The fee is earned upon payment.

CLIENT’S RESPONSIBILITIES:

“CHD” relies solely on the Client for specifics on actual issues, mistakes, erroneous information, and, inaccurate details that might appear on their vehicle’s car history report. It is the responsibility of the Client to provide these allegations and supporting documentation if available. It is understood and acknowledged that without a clear and precise statement regarding these details, no work can be started by “CHD”. Supporting documentation or statements will be communicated to “CHD” by email or electronic facilitation and not through fax or standard mail. No extension of the time of services agreed upon in this contract will be assumed due to any lack of communication with “CHD”.

The Client agrees to promptly and fully advise “CHD” as to any developments and or information that may have a bearing on the services being rendered under this Agreement. The Client therefore agrees to keep “CHD” advised at all times as to their current personal information, including his/her current home mailing address, active telephone numbers, available work address, email address, and or an alternative mailing address.

The Client agrees to cooperate fully with us during the period of representation. The Client understands that “CHD” relies on the truthfulness of all statements made to them during the course of this Agreement, and that the Client may be subject to criminal prosecution if he/she makes false or misleading statements in connection with this service and “CHD” may terminate this contract if the Client does not fully comply with its terms, or if a determination is made that the Client's claim(s) should not be pursued. As such “CHD” will notify the Client in writing about such withdrawal.

CAR HISTORY DEFENDER, INC. RESPONSIBILITIES and LIMITED POWER OF ATTORNEY:

This Agreement for services begins on the date of execution. Services are contracted for 90 days after payment is made for said services. The continuation of services and representation after such date must be handled through a separate Agreement that is not part of this contract.

The undersigned agrees to diligently pursue the Client’s claim(s) and to keep him/her fully informed as to the progress of same. Client understands/agrees that “CHD” will maintain an electronic record of work done under this Agreement.
“CHD” will not keep or maintain any data related to services provided to the Client after 60 days past the expiration of this Agreement. The undersigned Client does hereby make, constitute, and appoint “CHD” and its employees, legal service providers and such as the Client's agent to act in the Client's name, place, and stead to negotiate the Client's claims related to His/Her’s vehicle car history report, but only for the purpose of this contract.

“CHD” does not litigate, file court documents or pursue any court actions in relation to services provided under this Agreement. “CHD” attempts to remove, correct or change the information that is believed to be erroneous on a car history report through communications and negotiations with said car history report provider. No formal legal actions are undertaken or expected due to this Agreement between the Client and “CHD”.

The retention by “CHD” independently of any law firm does not constitute or insinuate that legal proceedings will be included in the services provided under this Agreement.

COMMUNICATIONS BY TEXT and EMAIL MESSAGING:

The Client, expressly agrees to allow “CHD” and its service providers to send text and or email messages from time to time regarding the ongoing claims and or any other important issues. The Client can opt-out at any time upon request.

NEGOTIATION & SETTLEMENT:

You hereby authorize “CHD”, its assigns, and service providers to negotiate any removals, changes, or updates to your vehicle's car history report. No changes will be made without your oral or written consent.

SIGNATURES:

The above reference Client and His/Her Attorney have read and agree to this Agreement. “CHD” has answered all of your questions and fully explained this Agreement to your satisfaction. You have the right to a copy of this Agreement.

ARBITRATION:

Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, including any claim by Client against “CHD” for breach of contract, negligence or any other tort or contract claim, shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The sole and exclusive venue for the arbitration and or any legal dispute, shall be in Fort Lauderdale, Florida or via telephone, Zoom and or other web based conferencing application if permitted. Client acknowledges that Client can retain an attorney whose retainer agreement does not contain an arbitration provision and that Client has been fully advised of all of the possible consequences of arbitration including, but not limited to: the parties are waiving their right to a jury trial and to seek remedies available in court proceedings; (ii) pre-arbitration discovery is generally more limited than and different from court proceedings; (iii) the arbitrator’s award is not required to include factual findings or legal reasoning; and (iv) any party’s right to appeal or to seek modification of the award is strictly limited and the award is final and binding on the parties.

NO GUARANTEES / NO SOLICITATION:

The Client hereby acknowledges that “CHD”, it’s employees, service providers, and assigns have made no guarantees regarding the successful outcome of this matter, and all expressions about the outcome are only opinions. Nothing in this agreement, and nothing in accompanying materials, videos, or website statements to Client, will be construed as a promise or guarantee about the outcome of the matter. “CHD” will never make such promises or guarantees. “CHD” can only use the best efforts to attempt a successful outcome for each Client. It is understood that the car history reporting companies are not governed by “CHD” and “CHD” cannot force said companies to make changes or removals on a guaranteed basis. It is also acknowledged and understood that accurate data that appears on a car history report cannot be removed. Client represents that no one has promised Client anything to induce Client to retain the services of “CHD”. The Client understands and acknowledges that the decision to hire CAR HISTORY DEFENDER, INC. was made willfully and independently without outside influence. Any introduction to Car History Defender “CHD” by other service providers, law firms, appraisers, agents or companies did not guarantee or promise a specific outcome regarding services rendered by “CHD”.

COMPLETE AGREEMENT:

This is the entire agreement. Client represents that no one has promised Client anything to induce Client to retain Car History Defender. Client understands and acknowledges that the decision to hire the company was made willfully and independently without outside influence and no person has solicited Client on behalf of “CHD”. This Agreement may only be changed in writing executed and signed by “CHD”. If any part is or becomes unenforceable, the rest remains valid and enforceable.

All issues regarding this Agreement are governed under Florida law. If Client and “CHD cannot resolve a dispute related to this matter, they will mediate it before a mutually agreeable mediator. If mediation does not work, the client and “CHD” agree to remedy through a binding individual arbitration subject to the rules of the American Arbitration Association.