Terms of Service
Thank you for visiting the RGS Financial, Inc. web site ("Site"). Your use of and access to the Site are governed by these Terms and Conditions, which form a binding legal agreement between you, RGS Financial, Inc. and Tratta, Inc. ("Tratta").
1. You are negotiating a modification of a consumer credit agreement. You will be legally bound by your activity within our solution with regard to your credit agreement.
2. Intellectual Property Rights. All text, images, graphics, media, content, data, and information on the Site ("Content") are the property of Tratta or its licensors and protected by United States and international copyright, trademark, and other applicable laws. This includes the appearance and design of the Site, as well as the trademarks, graphics, logos, colors, and designs. Except as expressly set forth herein, all rights in the Content and the Site are reserved to Tratta and its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change and the operation of the Site may terminate without notice in the sole discretion of RGS Financial, Inc. or Tratta. Tratta authorizes you to view and make a reasonable, limited number of copies of particular Content for strictly informational, noncommercial use if you include the following copyright notice, in addition to any other copyright and proprietary rights notices originally contained in the Content: "(C) 2016 Tratta, Inc. All rights reserved."
3. Disclaimer of Warranties. Use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium that is beyond the control of RGS Financial, Inc. or Tratta. Accordingly, RGS Financial, Inc. and Tratta cannot assume responsibility or any liability for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RGS Financial, Inc. AND TRATTA EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT. RGS Financial, Inc. AND TRATTA DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. RGS Financial, Inc. AND TRATTA DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
4. Limitation of Liability. In no event shall RGS Financial, Inc. or Tratta be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not RGS Financial, Inc. or Tratta are advised of the possibility of such damages. In the event that RGS Financial, Inc. or Tratta are adjudicated liable to you for any form of damages, RGS Financial, Inc. and Tratta's liability shall be limited to US $100. Some states may not allow the limitation or exclusion of incidental or consequential damages; so, the above limitation or exclusion may not apply to you. Any claims arising in connection with your use of the Content, or the Site must be brought within six months of the date of the event giving rise to such action occurred. Remedies are exclusive and limited to those expressly provided for herein.
5. Indemnification. You represent, warrant, and agree that (a) no materials of any kind submitted by or through you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) you will not engage on our Site in any other prohibited activity identified in these Terms of Service. You hereby agree to fully indemnify, defend, and hold harmless RGS Financial, Inc. and Tratta and all of its officers, directors, owners, employees, agents, information providers, parents, affiliates, subsidiaries, agents, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service, including without limitation any of the foregoing representations, warranties and covenants. You agree to cooperate as fully as reasonably required in the defense of any such claims. RGS Financial, Inc. and Tratta reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, including agreeing to any settlement of the claim.
6. Other Limitations on Use of the Site. You also agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site; (b) disrupt or interfere with any other user's enjoyment of the Site, (c) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files, (d) use or attempt to use another's account, service or system without authorization from RGS Financial, Inc. and Tratta, or create or use a false identity on this Site (e) transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, or (f) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access. You also agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site.
8. Data Security. Data security is critical to us and thus all personal information is held in a secured database. While it is impossible to guarantee the complete security of any computer system and the data contained therein, we maintain and implement robust security policies and procedures that combine with available technologies in accordance with prevailing industry standards, all of which are designed to protect the confidentiality, integrity, and availability of your personal information.
9. Fair Debt Collections Practices Act. Your use of the Site gives RGS Financial, Inc. and Tratta the right to contact you at your e-mail address that you have provided. If you have provided us with your cellular phone number, you also expressly consent to contact on your cellular phone, including contact by text message, through the use of an Automated Telephone Dialing System, artificial voice, or prerecorded messages.
E-Sign Act. With your permission, we can provide you with electronic versions of documents associated with your account(s) at RGS Financial, Inc. rather than in paper form. The documents include notices, disclosures, records, and other information (collectively, “Documents”) in connection with any of your current or future account(s) at RGS Financial, Inc. Providing consent does not mean that we will provide all documents electronically, but that we may provide electronic versions in accordance with your preferences. Electronic Documents will be delivered to you via e-mail at the e-mail address provided by you. Please save or print your electronic Documents for future reference. You have the right to receive paper copies of electronically presented Documents. Paper copies are provided at no charge. Contact us as described below to request a paper copy of any Documents presented electronically. We will send your paper copy to you by U.S. mail to the address we have on file. You must have an active and valid e-mail address. Your Access Device (defined as the electronic device you use to view electronic Documents such as a computer, tablet, or mobile device) must meet the following minimum system requirements:
• Operating system actively supported by the manufacturer.
• Internet access
• Software capable of displaying .pdf files. (For a free copy of Adobe Reader, go to www.adobe.com)
• A printer and/or storage device if you wish to print or retain any electronic Documents.
If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the other Access Device meets these system requirements and that you are still able to access and view your electronic Documents. Contact us as described below to notify us of a change to your e-mail address. We will notify you if the system requirements change in such a way that may prevent you from accessing or viewing your electronic Documents and we will ask you to reaffirm consent to this agreement.
You have the right to withdraw consent at any time. Contact us as described below if you wish to withdraw your consent to this agreement. If you do not accept this agreement, or you otherwise withdraw your consent, you will receive paper versions of the Documents associated with your account(s) at RGS Financial, Inc. Contact us if you have any questions about receiving electronic versions of Documents. You may also contact us to request paper copies, notify us of e-mail address changes, or withdraw consent to this agreement.
Contact RGS Financial, Inc. by telephone at 866-941-8600 or by e-mail at firstname.lastname@example.org:
You agree to receive electronic versions of the Documents associated with your current or future accounts at RGS Financial, Inc.
10. Policy Changes. Tratta and RGS Financial, Inc. reserve the right to update the Site and to these Terms of Service at any time by posting changes on the Site as appropriate.
11. Questions. If you have any questions regarding our Terms of Service, please e-mail us at email@example.com.
12. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
13. Your payment may be presented electronically for payment using Automated Clearing House (ACH) or other means in accordance with applicable banking rules, regulations and/or any other federal or state statutes.
14. WE ARE REQUIRED UNDER STATE LAW TO NOTIFY CUSTOMERS OF THE FOLLOWING RIGHTS. THIS LIST DOES NOT CONTAIN A COMPLETE LIST OF THE RIGHTS CONSUMERS HAVE UNDER STATE AND FEDERAL LAW.
15. California - The state Rosenthal Fair Debt Collection Practices Act, and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Fair Trade Commission at 1-877-FTC-HELP or www.ftc.gov. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. But we will not submit a negative credit report to a credit reporting agency about this credit obligation until the expiration of the time period described on the initial notice letter for your account. Nonprofit credit counseling services may be available in your area. You may request records showing the following: (1) that RGS Financial has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (30 the date the debt became delinquent or the date of the last payment; (4) the name of the creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the creditor’s records prior to assignment of the debt; and (6) the names of all persons or entities other than the debt collector to which the debt has been assigned, if applicable. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.”
16. Colorado - A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. SEE HTTPS://COAG.GOV/OFFICE-SECTIONS/CONSUMER-PROTECTION/CONSUMER-CREDIT-UNIT/COLLECTION-AGENCY-REGULATION/.You can also make payments in-person to our in-state office: Associated Collection Agencies, Inc. 27 North Willerup Suite B, Montrose, CO 81401. Tel 970-249-7514, Toll Free 1-866-941-8600.
17. Massachusetts - NOTICE OF IMPORTANT RIGHTS. YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE A WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE DEBT COLLECTOR. Office Hours: Monday-Friday 8:00am-5:00pm CST.
18. Office Hours: Monday-Friday 8:00am-5:00pm CST and Saturday 8:00am-12:00pm CST.
19. This collection agency is licensed by the Minnesota Department of Commerce.
20. North Carolina Department of Insurance permit number 4107
21. New York City Department of Consumer Affairs License No. 2034693-DCA. Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. Â§ 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:
1. the use or threat of violence;
2. the use of obscene or profane language; and
3. repeated phone calls made with the intent to annoy, abuse, or harass Although we do not contemplate any legal action at this time, if a creditor or debt collector receives a money judgment against you in court, state and federal laws prevent the following types of income from being taken to pay the debt:
4. Supplemental security income, (SSI);
5. Social security;
6. Public assistance (welfare);
7. Spousal support, maintenance (alimony) or child support;
8. Unemployment benefits;
9. Disability benefits;
10. Workers' compensation benefits;
11. Public or private pensions;
12. Veterans' benefits;
13. Federal student loans, federal student grants, and federal work study funds; and
14. Ninety percent of your wages or salary earned in the last sixty days.
For New York City residents, RGS Financial provides language services available in English. We request your language preference for reporting requirements. For commonly used debt collection terms in multiple languages, please refer to the NYC Department of Consumer Affairs website, www.nyc.gov/dca
22. Tennessee - This collection agency is licensed by the Collection Services Board of the Department of Commerce and Insurance.
23. Texas - COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE should be sent to the Department of Savings and Mortgage Lending, 2601North Lamar, Suite 201, Austin, Texas 78705. A toll-free consumer hotline is available at (877) 276-5550.
24. As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. We will not submit a negative credit report to a credit reporting agency about this credit obligation until the expiration of the time period described on the initial notice letter for your account.
25. Wisconsin - This collection agency is licensed by The Office of the Administrator of the Division of Banking, www.wdfi.org.
26. For New York City residents, RGS Financial provides language services available in English. We request your language preference for reporting requirements. For commonly used debt collection terms in multiple languages, please refer to the NYC Department of Consumer Affairs website, www.nyc.gov/dca