Last Updated: May 27, 2021
Business Credit Consulting Services Agreement
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
THIS AGREEMENT is entered into, by and between Cosmiq Financial, LLC (“Advisor”) and Business Credit Consulting Client (“Client”) upon the following terms and conditions:
WHEREAS, Client desires to obtain Advisor’s consulting services in conjunction with a business the Client has an interest in.
WHEREAS, Advisor and Client have agreed to enter into this Business Credit Consulting Agreement.
NOW THEREFORE, in consideration of the terms and conditions set forth below and other good and valuable consideration, the receipt of which and sufficiency of which is hereby acknowledged, the parties agree as follows:
I. ADVISORY & CONSULTING SERVICES AND LIMITATIONS
A. Business Credit Builder
Engagement.
Client hereby retain Advisor and/or its affiliates to provide the advisory services as set forth in this Agreement. For purposes of this Agreement, the word “affiliate” shall mean any subsidiary, contractual partner, joint venture party, or other party designated by Advisor.
Services Provided.
Advisor agrees to consult Client and to provide client with advice and strategies to assist Client’s (“Consulting Services”) in attempting to establish business credit for a business in which the Client has an interest in (the “Client’s Business”) for the period of 12 calendar months. In conducting consulting services with Client, Advisor may advise Client on how to complete any one or more of several tasks (“Client Tasks”). Client understands that they consulting services provided do not include the completion of these tasks by Advisor as they require access to information possessed solely by the client and that Client Tasks shall be any one or more of the following:
– Performing a corporate compliance and documentation review of Client and Client’s Business. The scope and purpose of the corporate compliance and documentation review is to help prepare the Client to apply for business credit and attempt to maximize the possibility of success in obtaining business credit and for no other legal or business purpose;
– Establishing a Dunn & Bradstreet file and establish a Dunn & Bradstreet rating;
– Building a Dunn & Bradstreet PAYDEX score;
– Establishing a business credit file with Experian’s corporate department;
– Obtaining an Experian Intelliscore number;
– Creating a business credit file with Equifax’s business department;
– Providing Client with a non-comprehensive list of trade accounts that may or may not report to business credit bureaus, including Dunn & Bradstreet, Experian’s corporate department and Equifax’s business department;
– Creating a Business Credit Asset that can be used for business financing opportunities; or
– Obtaining access to a dedicated finance officer that is provided by Advisor and/or its affiliates and/or assigns for a five (5) year period beginning as of the date of this Agreement between Advisor and Client.
– Providing access to available funding programs client might qualify for.
Authority and Co-operation.
Client authorizes, instructs and empowers Advisor to take all steps in said matter deemed by Advisor to be prudent or necessary in performing the consulting services contemplated under this Agreement and designed to help the client to best achieve the client’s business credit goals and to reasonably and timely cooperate in completing client tasks necessary to apply for and to maximize the potential for obtaining business credit.
Elective Costs.
Client will be provided access to many services and financial products (but there is no obligation to purchase such services and/or products) and client may elect to incur costs beyond their initial enrollment, including, but not limited to:
– Dunn & Bradstreet, Experian, and Equifax credit monitoring if client chooses to enroll for this service (client is provided 12 months of Experian Smart Business data at no cost)
– Trade account set up costs; applicable with some trade vendors
– Trade account vendor product purchase costs; when client purchases products through vendors
– Various state filing costs; corporation costs vary state-to-state
– Various business license costs; vary based on state
– Business phone set up or other phone-related costs
– Personal and/or business credit report costs
– Bank fees and costs associated with financing, such as, but not limited to closing costs, application fees, broker fees, and interest
– Other fees and/or costs that are customary to the general practice of business.
– Website setup, hosting, and online marketing provided by some vendors
B. Business Tradeline Service
Process Time.
Business tradelines are uploaded on the 1st of every month or no more than four days thereafter depending on scheduling, weekends, and holidays. Files are must be in by the 25th or will be subject to a late submission processing fee of $295. Client files typically will post within 2 billing cycles around 60-75 days. Note, due to Covid-19 bureau staffing shortages and work at home conditons may require an additional billing cycle placing the maximum posting time at 90 days from the upload date.
Pre-Submission.
Clients are recommended to have open business credit files with D&B, Experian, and Equifax to prevent posting delays. You may have an open file if you have a D&B Duns number and can also find your business on an Equifax and Experian Business lookup. If business files are not open, we can perform this service for clients for $150. If we open files for you, we must start no later the 15th of the month. It is not necessary to open a file with Lexis Nexis. Client must also ensure that all data submitted is accurate and will not be responsible for any delays due to inaccuracies.
Submissions.
Business submissions are processed through the Small Business Financial Exchange (SBFE), a highly trusted business data exchange that is governed by the small business lending industry and managed independently from credit reporting agencies. This accumulated SBFE lender data is then submitted to each respective bureau namely Dun & Bradstreet, Equifax Business, Experian Business, Lexis Nexis, and Ansonia Credit Data. Ansonia is an Equifax company. To obtain SBFE Data Driven D&B and Equifax reports, clients are directed to a specific page on SBFE. Calling in is often faster. https://www.sbfe.org/small-business-resources. You can order SBFE Experian’s Business report from the aforementioned page. SBFE Data driven reports are real-time date reports that lenders use to determine creditworthiness. Clients will be notified when the data is successfully posted before attempting to obtain credit reports.
Refund Policy.
If for any reason tradelines are not successfully posted within the aforementioned allotted timeframe and client has opened all bureau files and his or her company was in good standing at the Secretary of State prior to posting, client may request a refund. Refunds are processed and received within 3-5 business days. Alternatively, we can ensure that tradelines post if client prefers posting over a refund.
Disclaimer and Warranties.
Tradelines are for credit enhancement purposes only. We do not guarantee any type of funding from posting of lines though we can assist or refer you to those who may be able to accommodate you with financing. For a sample of lenders who often pull from SBFE Data you can visit sbfe.org. We will not be held liable and are idemnified from any misuse or misrepresentation of any use of tradelines used to obtain funding.
Availability.
Availabilty of products and services and pricing for all tradelines subject to change. All rights reserved. Should you have any questions please speak with your representative.
II. PARTY RESPONSIBILITIES
Client Responsibilities.
Client agrees to accept the following responsibilities:
– To cooperate thoroughly with Advisor in the handling of all matters contemplated under this Agreement and to do all that is necessary to provide all information Advisor requests from Client; including but not limited to the completion of any client tasks as set forth above and which are determined to be necessary in the course of the consulting;
– To make timely payments on all of Client’s business and personal bills/accounts including but not limited to lines of credit, credit cards, revolving accounts and loans.
– To make any and all payments required hereunder, in related agreements, and for any costs incurred for elective costs selected by client.
– In the event Client fails to fulfill these client responsibilities or breaches this agreement in any way, client understands it will be more challenging for them to be approved for business funding and or credit and Advisor reserves the right to terminate this agreement for failure to co-operate when Advisor has notified the client of the breach of client’s duties and responsibilities and the client has failed to cure the breach within 10 days or such other time period as the Advisor and Client may agree to in writing.
Advisor Responsibilities.
Advisor agrees that it will handle Client’s business hereunder in a strictly professional and ethical manner, utilizing its best efforts and skill on behalf of Client; Advisor has made and is not permitted to make any guarantee that client will obtain a particular business credit score or guarantee regarding a specific cash dollar amount of credit a client will obtain. All expressions made by Advisor relative to the matters discussed in this Paragraph previous or following the execution of this Agreement by the Client and Advisor are the Advisor’s sincere opinion only. However, if the Client has not been extended at least $50,000 in TOTAL credit (any combination of vendor credit, trade credit, equipment lease, vehicle lease, loans, lines of credit, credit cards, real estate pre-approvals, etc.), Client may elect at any time to receive an additional twelve (12) months of advising from the Advisor at no additional cost except for elective costs as set forth above. Advisor will also treat any information provided to Advisor with care and will not release any such information to third parties (other than parties providing products or services under the elective expense provisions above, or directly related to establishing a credit score, or credit relationships, as described herein without the permission of Client.
III. FEES AND PAYMENTS
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services:
Premium Package – One-time fee of $1,500, or two installments of $750/mo., 1st payment due at sign up and second payment 30 days thereafter.
Elite Package – One-time fee of $5,000, or two installments of $2,500/mo., 1st payment due at sign up and second payment 30 days thereafter.
All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Advisor expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
You may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined in the Universal Terms of Service Agreement), IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, ADVISOR WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH ADVISOR AT ADVISOR’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER (“ACCOUNT MANAGER”) from this Site and follow the steps found here. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Advisor shall not be liable to you or any third party regarding the same.
IN ADDITION, ADVISOR MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, ADVISOR WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. ADVISOR MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND ADVISOR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason Advisor is unable to charge your Payment Method for the full amount owed for the Services provided, or if Advisor is charged a penalty for any fee it previously charged to your Payment Method, you agree that Advisor may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Advisor is unable to charge your credit card with the full amount owed for the Services provided, or if Advisor is charged back for any fee it previously charged to the credit card you provided, you agree that Advisor may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Advisor may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any and all services hereunder.
Advisor reserves the right to charge you reasonable “administrative fees” or “processing fees” for:
– Tasks Advisor may perform outside the normal scope of its Services,
– Additional time and/or costs Advisor may incur in providing its Services, and/or your noncompliance with this Agreement (as determined by Advisor in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Alipay, Electronic Merchant Systems, Authorize.net, Chase QuickPay and Certegy (as defined in the Universal Terms of Service Agreement), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Advisor.
(B) ADDITIONAL COSTS
The Client agrees and understands that all funding obtained for lending sources will have a cost involved. These costs are standard lender fees and might include processing fees, points, APRs, interest rates, discounts, and other standard fees commonly associated with borrowing money. These fees are not charged by the Cosmiq Financial team, but the lender themselves. The Cosmiq Financial finance officers search to find the best, and most affordable terms each client might qualify for.
Client does receive many free items as part of their enrollment with the Cosmiq Financial Business Credit Builder Program, including access to their Experian Smart Business data, information on obtaining a free DUNS number and credit profile activation from Dun and Bradstreet, and no-cost listing with 411. Client may incur additional costs and spend additional monies on services they elect to receive in the business credit builder program. These are elective costs for services that might not be required, and include but are not limited to:
– Dunn & Bradstreet, Experian, and Equifax full credit monitoring ;
– Trade account set up costs;
– Trade account vendor product purchase costs
– Various state filing costs;
– Various business license costs;
– Business phone set up or other phone-related costs;
– Personal and/or business credit report costs;
– Bank fees and costs associated with financing, such as, but not limited to closing costs, application fees, or broker fees.
– Other fees and/or costs that are customary to the general practice of business.
Receiving party might choose to pay enrollment and other fees through installment payments. When such payment option is chosen, receiving party agrees to make payments promptly and to quickly remedy any delinquencies.
If receiving party’s payment is delinquent due to non-payment, declined payment, default, or any other non-payment, delivering party then has the right to cancel in full receiving party’s business credit services to include Client Portal access and any business credit training access.
Receiving party understands that once services are cancelled, delivering party can elect to not re-instead said services.
Client understands that along with their enrollment they are agreeing to these terms as outlined in this document. Client further understands that their IP address is collected upon enrollment to validate their purchase and to be used in case of any type of dispute.
Client also understands and agrees that when paying with monthly installments, all monies collected from the first installment payment are to be contributed to their Business Credit Builder program.
To allow time for client to review the partner program fully before making any payments towards the partner opportunity, no monies from installment payments will contribute as part of payment toward the partner opportunity until the second monthly installment.
Receiving party agrees to discuss any concerns or issues with their Cosmiq Financial support team.
BY ENROLLING YOU ARE AGREEING TO PURCHASE OUR SERVICES!
If you have any payment issues, service delivery issues, or any issues regarding billing or payments, insure you contact our support team first for resolution.
Customer agrees to make all monthly installment payments timely. The first installment will be collected at point-of-sale, and the second installment will be collected 30 days after, with all subsequent payments collected 30 days after the prior payment until all installments have been paid. If monthly installment payments are not made timely, and re-process attempts fail, Cosmiq Financial does reserve the right to immediately upon decline terminate customer access to all resources, personnel including advisors and finance officers, as well as discontinue Business Credit Builder Program access.
In the event a monthly installment payment declines and is not able to be re-processed, Cosmiq Financial does reserve the right to break the payment down to equal or less weekly payments instead and charge a weekly payment that’s one-fourth or less of the total monthly payment.
(C) SECURING OF CASH FUNDING THROUGH COSMIQ FINANCIAL’S BUSINESS CREDIT BUILDER PROGRAM
Client understands that they are purchasing software for the purpose of helping insure they meet lending credibility standards, helping them build business credit, and gain access to cash funding options. Client understands they might not be able to initially qualify for some, or any of the cash funding programs available through the Business Credit Builder Program.
Funding approval is based on factors such as collateral, revenue, financials, personal credit, and business credit quality.
Client understands that although their Consultant will ask questions about credit, company income, revenue, and other questions relating to pre-qualification, the Client cannot be fully approved until they go through a formal underwriting process.
Clients with lower consumer credit scores, no business credit scores, and no business collateral will not typically qualify initially for funding.
Clients with legitimate business collateral and/or good personal or business credit have a better chance of securing initial funding, but still cannot be guaranteed they will be approved for initial funding.
Client agrees and acknowledges that upon successful completion and approval of any cash funding, Client will be invoiced by Cosmiq Financial for 9.95% of total credit limit, and Client has 48 hours to pay invoice before incurring any late fees of $100 per day late, with Cosmiq Financial.
IV. VENUE, CHOICE OF LAW AND ARBITRATION
(A) DISPUTE RESOLUTION POLICY
You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You agree that Advisor may from time to time modify its Dispute Resolution Policy. Advisor will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with Advisor after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Advisor’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with Advisor as a result of the modified Dispute Resolution policy, no fees will be refunded to you.
The venue for any litigation regarding this agreement shall be in San Diego, CA.
Choice of Law.
This Agreement, including any arbitration proceedings that may take place between the parties to this Agreement, shall be construed consistent with the laws of the State of California.
Arbitration.
If there is a dispute of any type between Client and Advisor, (except for disputes regarding trade secrets and copyrights as set forth below) the parties hereby agree to submit such a dispute to a mediator skilled and experienced in the resolution of contractual business disputes and to hold a mediation of the dispute within 30 days of the selection of the mediator. In the event the mediation fails to resolve the dispute within 60 days from the date the parties notify one another of the dispute, the parties may elect to extend the deadline for resolution by mediation, or to have it resolved by binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association (the Forum or Association also being chosen by the party who elects to arbitrate the dispute between the parties), under their rules for consumer arbitrations. An election by either party for such relief as stated in the preceding sentence shall preclude the other party from filing any other type of legal action until such time as the relief sought by the electing party has been exhausted or terminated. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation, or expiration of this Agreement.
V. NON-DISCLOSURE
The materials provided by Advisor to Client are proprietary, trade secrets and may also be protected by copyright. Any distribution by Client to any third-party, in any manner and by any means, whether directly or indirectly, without the express written permission of Advisor is strictly prohibited.
During the course of this Agreement, each Party will disclose to the other Party “Proprietary Information”(referred to herein as “Proprietary Information”) which may consist of each party’s business plan, ideas, concepts, customer lists, investor lists and identifications, technical information, business information, product plans, production volumes and other information; provided however, that Proprietary Information includes only information of either Party, which is initially disclosed in writing or other tangible form clearly marked “Proprietary” or “Confidential” or marked with other restrictive markings of similar import or if the same is initially disclosed in unmarked or intangible form, it is reduced to a properly marked tangible form and provided to the receiving Party within thirty (30) days from the date of disclosure.
For a period of two years from the date of this Agreement, the receiving party will receive and maintain the Proprietary Information in confidence using the same degree of care and discretion to avoid disclosure, publication or dissemination of the Proprietary Information to any third party as it uses with its own similar information that it does not wish to disclose, publish or disseminate. Each Party further agrees to return all of the proprietary information received from the other Party and destroy all copies thereof in its possession if so, requested by the other Party.
The foregoing obligations shall be inapplicable to any information which:
– Prior to the receiver’s receipt thereof was publicly available or in receiver’s possession from a source other than the disclosing Party; or
– after receiver’s receipt thereof becomes publicly available otherwise that as a consequence of a breach of receiver’s obligations hereunder; or
– is rightfully acquired by receiver without a confidentially obligation from a third party who is under no obligation to disclose or maintain the confidentially of the Proprietary Information; or
– is independently developed by receiver.
VI. INDEMNIFICATION AND LIMITATIONS OF LIABILITY
Client hereby indemnifies Advisor as outlined below:
– Advisor shall not be held responsible for any action performed by third parties, including any of Advisor’s affiliates, vendors, or assignees, which cause or bring about a detrimental result to Client’s business credit bureau file and/or credit development activities;
– Advisor may recommend third-party providers; however, such recommendation is not a guarantee of service or product, and the Client and such 3rd party vendor are responsible for the outcome;
– Advisor is not responsible and cannot control the reporting and updating of the Clients business credit bureau file;
– Advisor shall make every effort to protect any confidential information provided during the coaching program. The Client agrees that Advisor shall not liable for any misuse of such confidential material whatsoever.
VII. MISCELLANEOUS PROVISIONS
Entire Agreement.
This Agreement sets forth the entire agreement between the parties hereto relating to the transaction reflected herein and supersedes all prior agreements and understandings of the parties in connection therewith.
The Article headings of this Agreement are for convenience of reference only and do not form a part of this Agreement and do not in any way limit, modify, interpret or construe the provisions of this Agreement.
The rights, duties and obligations of Advisor may be freely assigned to a third party without Advisor providing any future notice to Client. Client may not assign any rights under this Agreement without obtaining the prior express written consent of the Advisor.
Binding Effect.
This Agreement and any modification, amendment or waiver shall be binding upon each of the parties hereto and their representatives, heirs, successors and permitted assigns.
No Waiver of Remedies.
No failure on the part of any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof. No waiver of any breach by any party of the terms and conditions hereof shall operate as a waiver of any other and further breach of any of the terms and conditions hereof. The remedies provided by law.
Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and which together shall constitute one Agreement.
Construction.
This Agreement has been reviewed by counsel to all parties hereto and shall be deemed prepared by both counsels. Any ambiguities shall not be deemed to construe against either party hereto.
Terminology.
All personal pronouns used in the Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, the singular shall include the plural, and vice versa, as the context may require.
VIII. OVERVIEW
This Agreement sets forth the terms and conditions of your use of Advisor’s Consulting services.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with:
Advisor’s Universal Terms of Service Agreement, and any plan limits, product disclaimers or other restrictions presented to you in the contracts, terms of use, or in the related disclaimers contained herein or on Advisor’s web sites (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to Adviser.
The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that:
Advisor, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Advisor may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. Advisor assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
In addition to consulting services, we may offer a variety of products and/or services that can be elected by you in relation to obtaining business credit or in related or unrelated business matters. Your purchase and use of each additional product are subject to both terms of service.
IX. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION
You agree to notify Advisor within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Advisor with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Advisor to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement. You agree to retain a copy for your record of the receipt for purchase of your domain name.
You agree that the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number, a technical contact, an administrative contact and a billing contact.
(A) BUSINESS OPPORTUNITY DISCLOSURES
Client acknowledges that they have received and reviewed the Business Opportunity Disclosure, Refund Policy, and Earnings Claim statements at least 7 days prior to enrolling. Client also understands and agrees that upon enrolling and providing their initials or signature, client has received and read and fully understands these disclosures.
Client further acknowledges they can get more information about Business Opportunity Rule 16 CFR Part 437 here http://www.ftc.gov/policy/federal-register-notices/16-cfr-part-437-disclosure-requirements-and-prohibitions-concerning.
By enrolling client forgoes any rights to file suit for violations of any part of this rule as all disclosures have been provided and reviewed at least 7 days prior to enrollment as Federal law requires.
All disclosures can also be found on the Cosmiq Financial LLC website here www.cosmiqfinancial.com.
(B) END USER LICENSE AGREEMENT
This copy of Cosmiq Financials Business Credit Builder Program is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Cosmiq Financial LLC. or its subsidiaries, affiliates, and suppliers (collectively “Cosmiq Financial LLC.”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
(C) ACCEPTANCE
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE PRODUCT.
(D) LICENSE GRANT
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy uses or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
(E) RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of Cosmiq Financial LLC., you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
(F) RESTRICTIONS OF USE
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
(G) RESTRICTIONS ON ALTERATION
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
(H) RESTRICTIONS ON COPYING
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
(I) LIMITED SOFTWARE PRODUCT WARRANTY
For a period of 12 Months days from the date of shipment or from the date that you download the Software Product, as applicable, Cosmiq Financial LLC. warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
(J) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY COSMIQ FINANCIAL LLC., COSMIQ FINANCIAL LLC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Cosmiq Financial LLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use.
Cosmiq Financial LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
COSMIQ FINANCIAL LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL COSMIQ FINANCAL LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF COSMIQ FINANCIAL LLC, OR ANY OTHER PARTY, EVEN IF COSMIQ FINANCIAL LLC. IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS COSMIQ FINANCIAL LLC.’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
(K) LIMITATION OF REMEDIES AND DAMAGES
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product.
Selection of whether to correct or replace shall be solely at the discretion of Cosmiq Financial LLC, who reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement.
If Cosmiq Financial LLC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period.
All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Cosmiq Financial LLC to have been caused by you.
All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Cosmiq Financial LLC. harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
(L) GOVERNING LAW, JURISDICTION AND COSTS
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
(M) SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.