Terms and Conditions
|
||||||||||||
The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at UDFI and any other websites operated or owned by this entity (this "website"). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to utilize this website and must exit immediately. The Terms and Conditions here in are subject to change at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on this website for a minimum of 60 days after the change. It is the obligation of users visiting the website before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the website before the change was made. This website has been prepared solely for the purpose of providing information about UDFI and the services offered by this company and its operating subsidies and affiliates. Without limiting the generality of anything else, UDFI makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and it shall not be responsible for any errors or omissions in the website. UDFI reserves the right to add, modify or delete any information on this website at any time, with or without notice. Website text copyright © 2011, 2014, 2017 UDFI all rights reserved. UDFI also owns a copyright in the website as a collective work and/or compilation. Any copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission of UDFI is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to UDFI. Use or misuse of these trademarks is expressly prohibited and may violate federal and State trademark law. This website, the website materials on and in and made available through this website, and the services, information, and products offered by UDFI and its operating subsidies and affiliates in connection there with are made available "as is" and "with all faults.” Use of this website is entirely at your own risk. UDFI makes no representations or warranties, and disclaims all representations and warranties, with respect to this website, the website materials on and in and made available through this website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with the uder. UDFI shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of the UDFI companies to you or any other person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this website. Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of UDFI Accordingly, UDFI can make no representation concerning the content of these sites to you, nor can the fact that UDFI has given you this listing serve as an endorsement by UDFI of any of these sites. UDFI is providing links to these sites as a convenience to you. You must be at least 18 years of age to use UDFI, and can form legally binding contracts under applicable law. Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of UDFI Accordingly, UDFI can make no representation concerning the content of these sites to you, nor can the fact that UDFI has given you this listing serve as an endorsement by UDFI of any of these sites. UDFI is providing links to these sites as a convenience to you. You must be at least 18 years of age to use UDFI, and can form legally binding contracts under applicable law. When contracting with your clients, you cannot reference to UDFI in any contracts emails, mailings, or telephone messages. Doing so will violate our terms of service and your account will be cancelled without refund. Because we can not regulate your conduct when you communicate with your clients we cannot allow that our name be used. The Trial Account fee and the Tradeline Account Setup fee is not refundable, however these fees will be credited towards the purchase price of any of the training modules located at cdis,in-u-s-a.com. Please read these Terms and Conditions periodically as changes to the service may occur and might impact our Terms and Conditions. You must complete an account signup form, open an account and agree to our Terms and Conditions in order to receive our email communications. Your registration information must be true, complete, and up to date. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may not utilize the services of UDFI offers for any illegal or unauthorized purpose. You must not, in the use of the services provided by UDFI, violate any laws in your jurisdiction (including but not limited to regulations set by the CFPB, FDCPA, FCTA, SCRA, ETFA, UDAAP, AFCPE, TCPA, Federal, State and Local Agencies). UDFI reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion. UDFI shall in no event be liable to the Client or any third party for any indirect, consequential, punitive or non contractual damage or lost profits arising out of or related to this or any Agreement for Services. Account Holder agrees to remain in honor and to follow the process in the exact order of operations to achieve the desired results. Time frame for completing services. In connection with your use of our websites, your account, services, or in the course of your interactions with us, other clients, or third parties, you will not:
Actions We May Take if You Engage in Any Restricted or Illegal ActivitiesIf we believe that you’ve engaged in any of these activities, we may take a number of actions to protect UDFI its Clients and associates at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
If we close your account or terminate your use of the services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your account available for withdrawal. Holds, Limitations, and ReservesWhat are holds, limitations and reservesUnder certain circumstances, in order to protect UDFI and the security and integrity of the network of clients that use the services, UDFI may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. Our decision about holds, and limitations may be based on confidential criteria that are essential to our management of risk and the protection of UDFI our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you. Holds A hold is an action that UDFI may take under certain circumstances either at the transaction level or the account level. When UDFI places a temporary hold on a payment, the money is not available to either the sender or the recipient. UDFI reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. . Holds based on UDFI’s risk decisions We may place a hold on refunds for 180 days if, in our sole discretion, we believe that there may be a high level of risk associated with you, your account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a refund, the funds will appear in your account with an indication that they are unavailable or pending. We’ll notify you, either through your account or whenever we place a hold. Limitations Limitations prevent you from completing certain actions with your account. These limitations are implemented to help protect UDFI's Clients when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your UDFI account open. There are a number of reasons why your UDFI account could be limited. For instance,
To remove the limitation and restore your account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your account has been limited, you should either review the email you receive from us informing you that your account is limited. HoldsWe may place a hold on your account if we believe there may be a high level of risk associated with you, your account, your business model, your conduct. or your transactions. When we place a hold on your account, it means that all or some portion of the money in your account is reserved as unavailable for withdrawal in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your account or use of the services. Holds may be placed on your account at the time you open an account or at any time during the life of your account. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and from third parties. When we place a hold on your account, the funds will appear in your account as a “Pending Refund,” and we’ll notify you of the terms of the hold. If we change the terms of the reserve, we’ll notify you of the new terms. UDFI considers a list of non-exclusive factors and whether and how these factors have changed over time, including:
Court Orders, Regulatory Requirements or Other Legal ProcessIf we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your account, placing a reserve or limitation on your account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days. The Client will indemnify and hold UDFI, it's officers, directors, employees, agents and affiliates (each as an "Indemnified Party") harmless from and against any and all costs, liabilities, losses and expenses related to any action taken against the Client related directly or indirectly to the provision of the services provided for by UDFI to the Client. Any violation of the Terms of Use constitutes grounds for immediate termination of a user account without notice or refund. Upon such termination, we shall have no liability or responsibility to you or any third-party. If you have any questions or comments regarding any of our Terms of Use. Exceptions to the Rule Certain types of sales can’t be canceled, even if they take place in places normally covered by the Rule. The Cooling-Off Rule does not cover sales that are:
Also exempt from the Cooling-Off Rule are sales that involve:
Termination of an Assumption Contract:The purpose of contract rescission is to restore the parties to their original status before the contract was made (the “status quo ante”). You must have a valid legal reason to get out of a contract without being sued.
A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events beyond the control of either party), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract. To rescind the Assumption Contract send a Notarized and Dated letter of rescission. There is a 180 day waiting period starting on the date the letter was sent. CONFIDENTIALITY AGREEMENT This Confidentiality Agreement by accessing, certain confidential data. You (“Furnishee”) may be supplied with materials and information concerning UDFI and/or potential investment opportunities which is nonpublic, confidential or proprietary in nature. As a condition to your being furnished such information, you agree to treat any information concerning UDFI, or the transaction (whether prepared by UDFI, or its advisor, or otherwise) which is furnished to you by or on behalf of UDFI or prepared for you by UDFI or of which you otherwise become aware of during discussions regarding this transaction, including any information pertaining to UDFI its clients or customers or account obligators in accordance with the provisions of this agreement and to take or refrain from taking certain other actions herein set forth. All Parties acknowledge that they have each been in the business of acquiring and/or financing portfolios of charged-off consumer debt receivables and that nothing in this agreement is intended to preclude any party from conducting its respective business, unless such activity would cause a breach of this Agreement, as currently conducted. 1. You further agree to hold in strictest confidence, and not to use, except for evaluating the proposed transaction not to disclose to any person, firm or corporation without the written consent of the President/CEO of UDFI or its authorized representative, any confidential information, including but not limited to, any trade secrets, confidential knowledge, data or other proprietary information relating to products, processes, know-how, designs, formulas, developmental or experimental work, computer programs, databases, other original works of authorship, customer lists, client lists, business plans, financial information or other subject matter pertaining to any business of the UDFI or any of its clients, customers, consultants, vendors or licensees. a. Confidential Information shall include, but is not limited to, both existing and contemplated corporate information of UDFI . including contractual licensing arrangements, plans, strategies, tactics, policies, resolutions, and any litigation or negotiations; marketing information, including sales or product plans, strategies, tactics, methods, customers, prospects, or market UDFI data; financial information, account obligor information, debt arrangements, equity structures, investments and holdings, operational formulae, control and inspection practices and background information suppliers; technical information; including machinery, personnel information, resumes, personnel data, or organizational structure and performance evaluations. 2. You recognize and acknowledge the competitive value and confidential nature of internal, nonpublic financial and business information now or hereafter furnished to you or obtained by you from UDFI relating to the proposed transaction(s) and to UDFI business and affairs, as well as the damage which could result to UDFI if any of this information is disclosed to any third party without proper written authorization. 3. Without the written consent, signed by an authorized representative of UDFI (or representative) you will not disclose to any person, including any third party venders, analytic/scoring entities or other entities that may assist in the acquisition process, for any purposes, any portion of the Confidential Information or the name of the Company, except to direct employees only who are involved in the assessment of the material for the purposes of considering this potential transaction. This includes other companies or competing entities that you may have any affiliations with or interests in. Should any Party breach this Section of the Agreement, it shall be considered a material breach to the non-breaching party. 4. You agree that your review and inspection of the Confidential Information, which may include information pertaining to any obligors on accounts owned or assigned to/by UDFI shall be solely to conduct due diligence, on your own behalf, for the sole purpose of determining whether or not to proceed with the business transaction involving UDFI and for no other purposes. You agree that all Confidential Information, including credit or consumer report information will be used by you solely for the purpose of analyzing the proposed business transaction, and for no other purpose. None of the Confidential Information may be used or retained for skip tracing or for any other reason not provided for herein. All Parties agree that their review and inspection shall be on its own behalf and not as an agency, representative or broker of UDFI any other Party to this Agreement or any undisclosed party. 5. In addition, without the prior written consent of UDFI you will not disclose to any person either the fact that discussions or negotiations are taking place concerning a possible transaction with UDFI or any of the terms, conditions or other facts with respect to any such transaction including the status thereof except as may be required by law. In the event that you become legally compelled (by deposition, interrogatory, request for documents, subpoena, civil investigation, demand or similar process) to disclose any of confidential information that is subject to this Agreement, you shall provide UDFI with written notice within three (3) business days together with a copy of any pleading or other documents compelling disclosure so that UDFI may seek a protective order or other appropriate remedy and/or waive compliance with the provisions hereof and you further agree to furnish only that portion of information which you are advised by written opinion of counsel is legally required and to exercise best efforts to obtain assurance that confidential treatment will be accorded. 6. In the event that UDFI and YOU do not proceed with the proposed transaction within a reasonable time as determined by UDFI (30 days for trial account) you shall promptly return to UDFI upon either oral or written demand, all written files or electronic data, any media containing or reflecting any information. (whether prepared by UDFI or its advisors, or otherwise) and you will not retain any copies, extracts of other reproductions in whole or in part of such written material. All documents, memoranda, notes and other writings whatsoever prepared by you or your Representatives or Advisors based on the information provided by UDFI shall be destroyed, and such destruction shall be certified in writing to us by an authorized officer supervising such destruction and must be in the form of an affidavit. 7. You understand and acknowledge that UDFI . is not making any representation or warranty, expressed or implied, as to the accuracy or completeness of the information provided pursuant to this Agreement and UDFI . shall have no liability to you or to any other person resulting from your use of the Evaluation Material. Only those representations or warranties that are made in a “Contract”, as and if it is executed, and subject to such limitations and restrictions as may be specified in such “Contract”, shall have any legal effect. 8. All information furnished to you by UDFI whether prior to or after the date hereof shall be subject to the terms of this Agreement. For purposes of this Agreement, Confidential Information does not include information which (a) is or becomes generally available to the public other than as a result, of disclosure by you on a non-confidential basis prior to its disclosure by UDFI or (b) becomes available to you on a non- confidential basis from a third party who is not bound by a confidentiality agreement whom is not otherwise prohibited from transmitting the information to you and not subject to this confidentiality agreement. 9. Indemnification. From and after the date of this Agreement, you shall indemnify and hold harmless UDFI it officers and employees and UDFI s customers or clients against and from any and all liability for, and from and against any and all losses or damages UDFI its officers or employees, or any of UDFI’s clients or customers may suffer as a result of, any claim, demand, cost, expense, or judgment of any type, character or nature (including reasonable attorneys' fees) which UDFI . (or its officers or employees, or any of such other entities) incur or suffer as a result of (I) any act or omission by you, Furnishee, or any of your affiliates in connection with the unauthorized disclosure of confidential information pursuant to this Agreement, or any claim regarding the unauthorized disclosure of the Confidential Information to any unauthorized third party by you of UDFI. 10. The provisions of this Agreement shall be binding upon you, all of your subsidUDFIy and affiliated companies, shareholders, directors, officers, employees, agents, Attorneys, Accountants, Representatives and Advisors and be governed and construed in accordance with the laws of the State of Colorado. In addition, you represent that the individual signing this document has the full power and authority to execute this Confidentiality Agreement on your behalf. 11. This Confidentiality Agreement may be executed in counterpart with each counterpart being deemed one and the same original document. 12. This Confidentiality Agreement may only be modified or amended by a written agreement duly executed by the parties hereto or by those parties who are specifically affected by the modification or amendment. This Confidentiality Agreement and any and all documents executed in connection with this Agreement shall constitute a single, integrated, written agreement expressing the entire agreement of the parties hereto relative to the subject matter hereof. 13. The parties hereto agree that money damages would not be a sufficient remedy for any breach of this Confidentiality Agreement by you and that UDFI will be entitled, in addition to any other rights or remedies that it may have, to equitable relief, including injunction and specific performance, in the event of any breach of any of the provisions of this Agreement. Such remedy shall not be deemed to be the exclusive remedy for a breach of this Agreement, but shall be in addition to all other remedies available at law or in equity. 14. In the event there is any litigation concerning the terms and conditions of this Confidentiality Agreement and/or any and all documents executed in connection herewith, the prevailing party in such litigation shall be entitled to its reasonable attorney’s fees and costs incurred in such litigation. 15. Term. The term of this agreement shall begin on the date first set forth above and shall expire upon the date that is the earlier of a) four (4) years from the date first set forth above or b) the date that a definitive Agreement is entered into by the Parties. Non Circumvention. Recipient may not contact parties in which Furnisher represents in a broker/sales agreement without prior consent & notification. Any sale arising from contact with any clients/customers belonging to “Furnisher” will result in a fee of 10% of the total value of the sale and any future subsequent sales between Recipient & Client will be subject to the same fee. Please acknowledge your agreement to hold all matters strictly confidential as discussed herein, and to abide by all terms and conditions of this agreement. WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in(the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK., ECONOMIC OR EMOTIONAL LOSS. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY. I agree to indemnify and hold harmless against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If incurs any of these types of expenses, I agree to reimburse . I acknowledge that and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of . I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of , its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred. I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. Non-Disparagement Agreement By purchasing a product or service from UDFI you agree that you will resolve any dissatisfaction with any product or service you receive privately with UDFI and that you will not make any disparaging comments about UDFI or any officer, spokesperson, trainer, employee, independent contractor, including but not limited to UDFI to any third party, nor will you post any disparaging comments to any internet forums, blogs or websites, or complaints boards, nor shall you make any disparaging comments in any emails or other written communications to any third parties. It is the client’s responsibility to open their own credit monitoring service. It is not our job to open your credit monitoring service. We recommend Credit Check Total because it provides quicker updates, more accurate information, and sends alerts in real time that the free services do not send. Some lines do not post automatically so we need to merge the tradeline address onto your credit report and by doing this it will make the tradeline report to your credit file. This will result in a credit inquiry to your file. It is the only way to get most tradelines to post. Do not be alarmed, this is just an address merge to your credit file. Tradeline Assumption Application Agreement PARTIES This agreement is intended to be a binding contract by and between Assumable Assets (hereinafter “AA”) and the undersigned client (hereinafter “Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to AA is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of AA as set forth herein, and that he/she will not use any of the services of AA or any information provided by AA for any unlawful purpose. DEFINITION OF TRADELINE The term “tradeline” technically refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline.
FAILURE TO PERFORM The parties agree that if AA is unable to identify all of the tradelines contemplated by this agreement, Client shall be entitled to a refund equal to the total fee set forth herein divided by the total number of tradelines contemplated by this agreement, then multiplied by the number of tradelines that AA was unable to identify (ie, total fee ÷ total number of tradelines contemplated x number of tradelines not identified = refund). That is, the fee set forth herein has been calculated by multiplying the fee for each tradeline by the number of tradelines to be identified, with the fee for each tradeline being equal to the fee for each other tradeline and the fee for each tradeline consisting of an equal percentage of the entire fee. In the event AA is unable to fully perform, Client will be entitled to a refund for only that percentage of the fee that AA failed to earn. PROOF OF NON-PERFORMANCE The parties agree that in the event tradeline has not been timely added to the file(s) in accordance with the “Services Provided” clause above, AA shall have the sole and exclusive option of either adding the Client to a different tradeline of equal or greater quality, or refunding the Client’s fees to him/her within thirty (30) days of the date it receives written proof from the Client of AA’s non-performance, provided such written proof is received by AA by email or text message within twenty-one (21) days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon AA. It is further understood and agreed that AA shall not be bound or obligated to issue a refund or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than email or text message as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith. AUTHORIZATION Client hereby grants to AA full authority to use his/her information for the sole purpose of adding the selected tradeline, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Client authorizes AA to perform any and all acts necessary to accomplish the goals of this agreement, and agrees to execute any and all documents necessary to facilitate AA’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Client further agrees that AA will exercise its sole discretion in choosing the specific tradeline to which Client will be added, provided that any tradeline chosen by AA will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which Client is listed thereon. USE OF PERSONAL INFORMATION Client agrees to provide to AA any and all personal information necessary to allow AA to add that tradeline to the specified clients file, and AA agrees that it will use any personal information received from Client solely for that purpose. AA will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement. USE OF FALSE OR UNAUTHORIZED INFORMATION Client agrees that he/she shall not use, provide, or submit to AA, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, AA shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the tradeline from any file that it has been added by AA). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to AA shall not be refunded to Client, but shall be retained by AA and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that AA’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that AA does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. ASSUMPTION OF RISK Client understands and agrees that there exists an inherent risk in providing his/her personal information to AA, and in AA in turn providing that personal information to third parties on Client’s behalf. Client therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Client further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement. RELEASE Client agrees to permanently and irrevocably release AA and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by AA, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind. INDEMNIFICATION Client shall fully indemnify, hold harmless and defend AA and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to AA, any misrepresentation made to AA, or the provision of any false, fraudulent, illegal or unauthorized information to AA, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit. DISCLAIMER Client understands and agrees that any and all products and services offered by AA are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that AA does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from AA will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, and that in any such event AA shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the tradelines from any files to which tradelines have been added by AA). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to AA shall not be refunded to Client, but shall be retained by AA and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that AA’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that AA does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that AA reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify AA for any fines or other penalties of any kind that AA may incur as a result of Client’s failure or refusal to cooperate with any such investigation. ABSENCE OF GUARANTEE Client understands and agrees that AA cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client’s credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by AA or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that AA may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Client. LIMITATION OF LIABILITY Client agrees that any liability on the part of AA for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of AA, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to AA under this agreement. Client further agrees that AA shall not be liable for the acts or omissions of any third party, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by AA. LIMITATION OF ACTIONS Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against AA more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence. ATTORNEY’S FEES AND COSTS The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action. NON-WAIVER It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege. SEVERABILITY It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect. ENTIRE AGREEMENT It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supersedes all other verbal or written agreements made prior to or concurrent with this agreement. MODIFICATION It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the [American Arbitration Association/American Health Lawyers Association Alternative Dispute Resolution Service] under its [Commercial Arbitration Rules/Healthcare Payor Provider Rules/Rules of Procedure for Arbitration by the American Health Lawyers Association]. The number of arbitrators shall be [one or three]. The place of arbitration shall be [city, state].[State] law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration of existing disputes may be accomplished by use of the following: Standard Arbitration Agreement The arbitrator[s] shall have [ten] years of experience in [designate a particular area] [and also shall have served as an arbitrator at least [three] times prior to their service as an arbitrator in this arbitration.] 13. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing Ending a subscription We are entitled to terminate your paid or unpaid subscriptions and access to our Websites at any time without notice. Provided you have breached these terms and conditions, Reliance on content Content in our publications is for general information only and is not intended to be relied upon by users in making (or not making) specific investment decisions. We try to ensure that the content of our Services is up to date and accurate, but we do not guarantee the accuracy of the information. We urge customers to perform their own due diligence. We do everything in our power to ensure that our websites are fully operational and available to you at all times. However, in order to make sure they are up to date and offering you the best service, access may sometimes be interrupted or restricted to allow for maintenance or the introduction of new facilities and services. Copyright and trademarks Copyright in all information, text and images featured in the Services, is owned by or licensed to UDFI LLC (“Our Content”). Provided that you acknowledge us as the source of the information, you are entitled to save or download one copy of any of Our Content for the purposes of reference, but you are not entitled to make any further copies of the work. All property rights remain with UDFI LLC. Other than as provided in these terms and conditions, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, or use for any public or commercial purpose any of Our Content without our prior written permission. Breach of these terms and conditions We have the right, but not the obligation, to monitor any activity and content associated with the Services. We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to and use of the Services. EACH CLIENT WHO ORDERS FROM AA ELECTRONICALLY SIGNS THAT THEY CERTIFY THAT THEY HAVE READ THE FORGOING AND THAT THEY UNDERSTAND AND AGREE WITH EACH OF THE TERMS SET FORTH ABOVE AND IN THE DISCLOSURE STATEMENT.
Updated Website Terms and Conditions The following Privacy Policy governs the online information collection practices of UDFI (“Company,” “we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using udfi.usa.in-u-s-a.com (the “Site”), and the ways in which we use this information. This Privacy Policy applies primarily to information which we collect online. We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our Company collects information from all end users of our Internet services (the “Services”), including those who access some of our Services but do not have accounts (“Visitors”) and those who may purchase Products and/or pay a service fee to subscribe to the Service (“Members”). Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. In an effort to comply with changes in technology, and the adoption of new regulations and laws, we may need to change our Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified. Introduction We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, or have purchased one of our products or services. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, email address. All of this information is provided to us by you. We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site, and web beacons, to access cookies, count users who visit the Site, the date and time of visits, the pages viewed, time spent on our site, websites visited before and after our site, IP addresses, or open HUDFI-formatted email messages. We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information. The Site also may include links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets. Personal Information Our Company Collects And How It Is Used Introduction Members may be asked to provide certain personal information when they sign up for our Products or Services including name, email address. The personal information collected from Members during the registration process (or at any other time) is used primarily to provide a customized experience while using our Products and Services. Your information will never be disclosed, traded, licensed or sold to any third party. However, we may make limited disclosure of personal information under the specific circumstances described below. The Types of Information We Collect and Store Some of the information we may collect about you and store in connection with the provision and fulfillment of our services to you may include: Name
The above personal information may be used for the following purposes: To operate, improve, or promote our Service Within our organization, access to your data is limited to those persons who require access in order to provide you with the Products and Services you purchase from us, to contact you, and to respond to your inquiries, including requests for refund. Employees only have access to data on a “need to know” basis. Who We May Share Your Data With Outside of Our Organization, and Why Unaffiliated Third Parties. We will not share or transfer your data to unaffiliated third parties without your consent. In the future, we may use service providers in connection with operating and improving the Site, to assist with certain functions, such as payment processing, email transmission, data hosting, managing our ads, and some aspects of our technical and customer support. If we do so, we will update this Privacy Policy accordingly. We will take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations, including through the execution of GDPR-compliant Data Privacy Agreements or Addenda, as applicable. Authorities. We may access, preserve, and disclose information about you to third parties, including the content of messages, if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Service or related guidelines and policies, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, Company or others. Why We Store Information We Collect From You We retain certain information that we collect from you while you are a member on the Site, and in certain cases where you have deleted your account, for the following reasons: So you can use our Site; Cookies and Tracking Tools We use cookies to help you make using our website easier, such as: To remember your country and language preferences We may also place small “tracker gifs” or “beacons” on many of the pages on our website, in online advertising with third parties, and in our emails. We use these beacons, in connection with Cookies, to collect non-personal data on the usage of our site including but not limited to the date and time of the visit, the pages visited, the referring web page, the type of browser (e.g., Internet Explorer, NetScape), the type of operating system (e.g., Windows, Linux, or Mac), and the domain name of the visitor’s Internet service provider (e.g., AOL). This information is collected about thousands of site visits and analyzed as a whole. This information is useful in, for example, tracking the performance of our online advertising such as online banner ads and to determine where to place future advertising on other websites. Advertiser Disclosures Google Analytics We use Google Analytics Advertiser Features to optimize our business. Advertiser features include: Remarketing with Google Analytics You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. Our company’s commitment to data security We implement a variety of administrative, managerial, and technical security measures to help protect your personal information. Our Company has various internal control standards which relate specifically to the handling of personal information. These include certain controls to help safeguard the information we collect online. Our employees are trained to understand and comply with these controls and we communicate our Privacy Policy, practices and guidelines to our employees. However, while we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet. Additionally, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. If we do discover a security breach affecting your data, every effort will be made to provide a notification within 72 hours of our team learning of the occurrence. General Data Privacy Regulation (GDPR) The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens. If you are a resident of the European Economic Area (EEA), or are accessing this Site from within the EEA, you have certain rights with respect to your data. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us by sending an email to GDPR@Themidaslegacy.com. Rights that you may have, depending on the country in which you live, include: Accessing, correcting, updating, or requesting deletionof your information. California Consumer Privacy Act (CCPA) If you are a resident of California, you have certain rights with respect to your data. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us by sending an email to CCPA@TheMidasLegacy.com or by calling our Toll Free Telephone Number 1-888-269-0175. Rights that you may have, include: Requesting deletion of your information. Children’s Privacy Statement This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information. This Site is not directed to children under the age of eighteen and we do NOT knowingly collect personally identifiable information from children under the age of eighteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site. We stricty abide by our obligations to comply with anti-SPAM laws. Our Company reserves the right to revise, amend, or modify this policy, our Terms of Service, and our other policies and agreements at any time and in any manner, by updating this posting. Where to direct questions about our privacy policy If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this website or by emailing udfi.usa@gmail.com TERMS OF SERVICE: Cancellation of services Refunds Our return policies are to be used on initial orders of a specific product only.If you have previously ordered a product or service that you received a refund for and decide at a later date you wish to re-order that same product and service, you will not be covered by the refund policy the second time you order the same item.
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to UDFI from their creation. Thus, UDFI shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as UDFI determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to UDFI all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. You acknowledge that UDFI has the right but not the obligation to use and display any postings or contributions of any kind and that UDFI may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. Disclaimers If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not UDFI. Neither UDFI nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, UDFI neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized UDFI representative while acting in his/her official capacity. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY UDFI AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. From time-to-time, for some of its product offer, UDFI limits the number of purchases/enrollments. These limitations are honored for each specific marketing campaign, however, UDFI reserves the right to make such offers available to additional purchasers/enrollees in future sales campaigns. Income Disclaimer You agree at all times to defend, indemnify and hold harmless UDFI its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein. Online Commerce Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that UDFI shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. Interactive Features Restrict or inhibit any other user from using and enjoying the Site. UDFI has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. Registration Passwords Limitation of Liability THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND UDFI MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. Communications If a service that you purchase offers text messaging, you will receive auto-dialed text alerts from us. No consent req’d for purchase. Msg & data rates may apply. Msg frequency varies. Reply STOP to stop, HELP for help. Termination Other This Agreement shall be binding upon and inure to the benefit of UDFI and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of UDFI. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by UDFI to any affiliated entity or any of its wholly owned subsidiaries Video and Voice Narration/Pseudonyms PSEUDONYMS ARE USED TO COMMENT ON ISSUES RELEVANT TO OUR CUSTOMERS AND RECOMMEND PRODUCTS WHICH WE BELIEVE ARE SOLUTIONS TO SERIOUS PROBLEMS, SITUATIONS OR ISSUES. WE USE PSEUDONYMS FOR PRIVACY PURPOSES AND ENABLE US TO USE THE TALENTS OF EXPERTS IN A VARIETY OF FIELDS TO COMMENT ON RELEVANT ISSUES AND SOLUTIONS THEREOF. Financial Disclaimer Some or all of the authors/contributors use pseudonyms in connection with the articles and recommendation services published or circulated by UDFI Group, LLC. The authors/contributors use pseudonyms for various reasons, including, without limitation, to differentiate the contributions made to UDFI Group, LLC with contributions made to other publications and for privacy reasons. If an author/contributor uses a pseudonym, then the author/contributor uses the same pseudonym (not multiple pseudonyms) in connection with all of the articles and recommendation services provided by such author/contributor and published or circulated by UDFI Group, LLC. We and/or the author/contributor of this material may own, hold a position in, or otherwise have a financial interest in, either directly or indirectly, the securities profiled or referenced in this material, may take a position in such securities inconsistent with your position, and may increase or decrease those positions in such securities at any time; provided, however, we expressly forbid our authors/contributors and employees from purchasing, selling, trading in, or engaging in any transaction with respect to any stock, security, or investment profiled or referenced in this material for a period of 72 hours immediately preceding and 72 hours immediately following the initial publication or circulation of this material. UDFI Group, LLC compensates the author/contributor directly in cash for the preparation and compilation of material that is free of charge to the subscriber. For subscription services paid for by the subscriber to UDFI Group, LLC, UDFI Group, LLC and the author/contributor of the material for the paid subscription services share the profit from the subscription service fees charged to subscribers by UDFI Group, LLC. The percentage of this profit retained by UDFI Group, LLC and the percentage of this profit received by the author/contributor varies based upon the arrangement that UDFI Group, LLC has with each author/contributor. Stock trading, investing, options trading, forex trading, Tradeline Portfolios, Debt Collections, Credit Repair, and short selling are not appropriate for everyone. There is a substantial risk of loss associated with trading. Losses can occur. You are solely responsible for any losses as a result of trading or investing in securities, including, without limitation, the securities profiled or discussed in this material. Results, testimonials, and examples depicted in this material are unique to the user. Your personal results may vary. You could make more money or less money than the example used here or even lose money. No system or methodology has ever been developed that can 100% guarantee profits. No representation or implication is being made that using the information in this material will generate profits or ensure freedom from losses. Never invest in any security profiled or discussed in this material unless you can afford to lose your entire investment. The information presented in this material does not take into account the investment objectives, financial situation, or particular needs of any particular person or entity and does not provide all information material to an investor’s decision about whether or not to make any investment. An investor should use the information in this material only as a starting point to do additional independent research so that the investor is able to make his, her, or its own investment decision and to form his, her, or its own opinion regarding investing in securities. You are solely responsible for the investment decisions made by you and the consequences resulting therefrom. Always consult a licensed securities professional and/or a registered investment adviser when it comes to investment planning. Any investments recommended or referenced in this material should be made only after consulting with your securities professional and/or investment adviser and only after reviewing the prospectus and financial statements of the company in question. Although our employees may answer your general customer service questions, they are not licensed under securities laws to address your particular investment situation. No communication by our employees, our representatives, , or UDFI Group, LLC to you should be deemed as personalized financial advice. The contents in this notice and disclaimer and in this material are not to be construed as legal or tax advice, and no attempt is made in this notice and disclaimer or in this material to discuss or evaluate the federal, state, or local tax effects on any subscriber. You should consult with your own personal attorney, accountant, and other advisors as to the legal, tax, economic, and other consequences of any investment. Information about past performance of an investment is not necessarily a guide to, indicator of, or assurance of future performance. We cannot and do not assess, verify, or guarantee (i) the adequacy, accuracy, or completeness of any information or informational source, (ii) the suitability or the profitability of any particular investment or security, or (iii) the potential value of any investment or security. We do not endorse or review any information or data contained in this material. The information presented in this material may become inaccurate at any time upon the occurrence of changes affecting the profiled companies, the environments in which the profiled companies operate, and/or the businesses of the profiled companies. We are under no obligation to update the information presented in this material or to ensure the continuing accuracy of the information contained in this material. Further, the content in this material is based on sources which we believe to be reliable but is not guaranteed by us as being accurate and does not purport to be a complete statement or summary of the available data. Some of the content in this material may contain forward looking information within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, including statements regarding expected continual growth of a company and the value of its securities. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions, or future events or performance are not statements of historical fact and may be forward looking statements. Forward looking statements are based on expectations, estimates, and projections at the time the statements are made that involve a number of risks and uncertainties which could cause a company’s actual results to differ materially from those described in any forward looking statements mentioned in this material. Factors that should be considered that could cause actual results to differ from the forward looking statements include, but are not limited to: the size and growth of the market for the company’s products; the company’s ability to fund its capital requirements in the near term and in the long term; pricing pressures; and unforeseen and/or unexpected circumstances. Trading in securities (including, without limitation, stocks, bonds and options) involves risk, volatility, and unpredictability. As such, information and recommendations presented in this material may require you to purchase securities at prices higher than the value of the securities or to sell securities at prices less than the value of the securities. Additionally, information and recommendations presented in this material may require you to advance capital to fund contracts with brokers or to have capital resources available to fund contracts with brokers. Please review, and consult your own legal, tax, and financial advisors regarding, the terms and conditions of any contract or agreement with a broker before making any investment decision. ALL INFORMATION, STATEMENTS, AND EXPRESSIONS OF OPINION PRESENTED IN THIS MATERIAL IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE INFORMATION PRESENTED IN THIS MATERIAL OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES THAT MAY ARISE OUT OF THE USE OF INFORMATION WE PROVIDE IN THIS MATERIAL BY ANY PERSON OR ENTITY (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF OPPORTUNITIES, TRADING LOSSES, AND DAMAGES THAT MAY RESULT FROM ANY INACCURACY OR INCOMPLETENESS OF THE INFORMATION). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WITH RESPECT TO THE PRESENTATION OF INFORMATION IN THIS MATERIAL. NEITHER UDFI GROUP, LLC, , NOR ANY OF THEIR OWNERS, OFFICERS, MANAGERS, EMPLOYEES, OR REPRESENTATIVES ARE LIABLE FOR ANY INFORMATIONAL ERRORS, INCOMPLETENESS, OR DELAYS OR FOR ANY ACTIONS TAKEN IN RELIANCE ON THE INFORMATION CONTAINED IN THIS MATERIAL. UDFI EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED IN THE WEBSITE IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. THE INFORMATION ON THE WEBSITE SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING SECURITIES OR OTHER INVESTMENTS. THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR. UNDER NO CIRCUMSTANCES WILL UDFI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. Any discussion of risks in this notice and disclaimer and in this material is not a disclosure of all risks or a complete discussion of the risks mentioned. You should consult your own legal, tax, and financial advisors as to the risks involved in an investment before making any investment decision. This notice and disclaimer may change from time to time without notice. We encourage you to invest carefully and read the investor information available at the websites maintained by the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida and any dispute shall be subject to binding arbitration in Orlando, Florida. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. CLASS ACTION WAIVER The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court. GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. ATTORNEY’S FEES. Each party shall bear its own costs and attorneys’ fees incurred in discussions regarding the parties leading up to and including the preparation of the Terms or a modification of the Terms. If, however, any action at law or in equity is brought to enforce or interpret the provisions of the Terms, the prevailing party in such action shall be entitled to recovery of reasonable attorneys’ fees and costs. Revisions to this policy Where to direct questions about our policy Email Engagement If your email is unengaged (meaning: you have not opened an email from us) for 6 or more months, your email address will automatically be opted out of our service. If you are on a paid service and your email address is unengaged, please contact us directly if you wish to continue to receive our emails. It is the customer’s responsibility to manage their subscriptions with our company. Please note, your paid subscription will not end if your email address is deemed unengaged. This process is executed for spam compliance. © Copyright UDFI Group, LLC. |