468 North Camden Drive, Suite 200
Beverly Hills, CA 90210
Toll-Free: (877) 684-3631 · Local: (310) 271-0220 · Facsimile: (310) 684-3631

Terms of Use

The last update to our Terms of Use was posted on August 27, 2010. This web page represents a legal document and is the formal statement of the Terms of Use (Agreement) for our website, www.CDSExperts.com, henceforth “Website”. Please review the following terms carefully. By entering and thereafter utilizing our Website, you agree to fully comply with and be legally bound by the following Agreement which incorporates by reference the Privacy Policy posted on this Website, as both are amended from time to time, each time you use our Website. If this Agreement is not acceptable and you are unwilling to be bound by it, please do not enter, browse, or otherwise use the site, or enter any information about yourself or your business, or transact any business through this site.

Materials

Commercial Debt Solutions, Inc. is the owner, distributor, and publisher of comprehensive business credit reports, business health diagnostic reports, what-if reports, presentations, blogs, newsletters, e-zines, and numerous free and paid publications written by both Commercial Debt Solutions experts and its resource partners, all of which are described within, marketed, or distributed through the Website (henceforth collectively called “Materials”).

Definitions

The terms “us”, or “we”, or “our” refers to Commercial Debt Solutions, Inc., the owner of this Website, henceforth “Company”. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website through one of the opt-in facilities to use or request our Materials. The term “User” or “you” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our Website or Materials, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members, such as blog posts, as “Member Content”.


Acceptance of Agreement

This Agreement is between you and the Company.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND / OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND / OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and the Company, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Materials, and the subject matter contained herein. However, in order for you to use our Website and / or Materials, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement and other legal documents and disclaimers incorporated herein by reference at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound by any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Materials.

Limited License, Access, and Interference

Use of the Site, Content, and Materials. The Content of this Website and the Materials are protected by copyright, trademark, service mark, trade secret, and other laws and are the sole and exclusive property of the Company and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal, internal business use of the (i) Website in order to obtain information about, and/ or to purchase the Materials offered on the Website and (ii) the Content. Except as otherwise provided, this license does not include any resale or commercial use of this Website or its Content or the Materials; any collection and use of any Materials, descriptions, or prices; any derivative use of this Website or its Content or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any commercial or other purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the Website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the Website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or Materials offered on the Website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo, or other proprietary graphic, or trademark on the Website as part of the link without our express written permission. You will not use any device, software, or routine to interfere, or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Website, Content, and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing, or otherwise.

Breach. Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Website or the Materials in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other Users, us or third parties.

Privacy. Our current Privacy Policy is available on the Website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship To You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and the Company.

Our Intellectual Property

As stated above, our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Materials does not constitute any right or license for you to use our service marks or trademarks, without the prior express written permission of the Company.

Our Content, as found within our Website and Materials, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content, is strictly prohibited. Your use of our Website and Materials does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States statute (17 USC. § 512).If you believe any of your copyrights are being infringed upon by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is being infringing upon is located on our Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you of our intended actions by the method of contact you used to file your notice with us.

Eligibility and User’s Warrantee and Representations

We intend that this Website and the Materials be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the Website or order the Materials, and you do not have our consent to do so.

Any registration by, use of, or access to our Website by anyone under legal age is unauthorized, unlicensed, and in violation of these Terms of Use. By using our Website and/or Service, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Company has sole right and discretion to determine whether to process a request for Materials or register a new Member, and may reject such a request or a Member’s registration, with or without explanation.

Content Disclaimer and Member Content

The opinions expressed on our Website are not necessarily the opinions of the Company. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

"Member Content" is defined as any information or other material you provide to us or others in connection with the Website. Except as otherwise provided in the Privacy Policy, you are solely responsible for Member Content and we act as a passive conduit for the online distribution of Member Content. We reserve, however, the right to modify or remove from the Website, all or any portion of Member Content or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit Member Content or other materials for any other reason consistent with the purposes of this Agreement or the website.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality, or Content of our Website or Materials at any time. We reserve the right in our sole discretion to edit or remove any documents, information, or other Content appearing on our Website or Materials.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute nor is it intended to be financial, investment, legal and/or other professional advice regarding your individual situation and that no professional relationship of any kind is created between you and the Company or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained on our Website. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client or any other professional relationship. Please do not send any confidential information to us until such time as an attorney-client or other professional relationship has been established.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY COMPANY, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS, OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Notice of Commission for Referrals

The person or organization who might have referred you (or owner of the domain providing the link that might have sent you to our website) may receive a commission on your sale. Accordingly, you should not rely entirely on their recommendation in determining whether or not to make a purchase or request services at this site, and you represent that you have done due diligence separate and apart from any and all referrals and recommendations you may have received prior to purchasing from this site.

Notice of Testimonial Affiliate Relationships

We have NOT prohibited persons who gave testimonials from joining our affiliate program because those who are most satisfied with our work and products make the best promoters. In effect, affiliates who send traffic to our site are providing a testimonial by their willingness to send the traffic. ALL of the testimonials shown were given freely, without promise of any compensation. Notwithstanding the above, in the interest of full disclosure you should know some of the people who have given testimonials may also be affiliates and receive commissions for customers THEY send to our site. Therefore, you should not rely entirely on the testimonials in determining whether or not to make a purchase or request services at this site, and you represent that you have done due diligence separate and apart from any and all testimonials on this site.

Similarly, some of the external links you will find in the Materials are tracking links which enable the external site to provide the Company with a commission in the event you make a purchase on their site, so you should not rely entirely on our endorsement of external sites in determining whether to purchase their products or services. (Notwithstanding the above, we make every effort to only endorse sites we genuinely believe to offer good and valuable products and services).

Warranty Disclaimers and Liability Limitations

Company is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by the Company.Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. Company is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provided through our Website or Services.

Under no circumstances will the Company be responsible for any loss or damage, including any loss, or damage, or personal injury, or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

Company reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.

We are the owner, distributor and publisher of the blog posts, newsletters, e-zines, articles, reports, presentations, seminars, teleseminars, webinars, workshops, bootcamps, audio CDs and/or software, DVDs and/or electronically distributed VIDEOS, and/or transcripts, and/or report and/or the accompanying materials described on this site (collectively the 'Materials'). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS. The information contained in these Materials is strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. You agree that this applies equally to all forms of products and services offered in the Materials, including especially (but not limited to) LIVE AND RECORDED seminars, LIVE AND RECORDED teleseminars, LIVE AND RECORDED webinars, LIVE AND RECORDED workshops, LIVE AND RECORDED bootcamps, LIVE AND RECORDED telephone calls, and LIVE AND RECORDED consultations (whether delivered in person, via telephone, fax, live chat and/or electronic internet messaging or telephone text messaging.

YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL SAVE OR MAKE ANY MONEY USING THE RESOURCES OR METHODOLOGIES THAT WE HAVE DESCRIBED ON THIS SITE OR IN THE MATERIALS; (II) THOUGH THE TESTIMONIALS ARE FROM REAL PEOPLE WHO HAVE USED AND BENEFITED FROM OUR MATERIALS, EACH TESTIMONIAL REFLECTS UNIQUE CIRCUMSTANCES THAT MAY NOT BE APPLICABLE TO YOUR SITUATION; (III) EXAMPLES IN THESE MATERIALS OR ON THE SITE ARE NOT TO BE INTERPRETED AS A PROMISE, WARRANTY OR GUARANTEE THAT YOU WILL SAVE OR MAKE MONEY BY USING OUR MATERIALS AND; (IV) THE ACTUAL FINANCIAL BENEFIT YOU EXPERIENCE, IF ANY, IS BASED ON FACTORS OUTSIDE OF OUR CONTROL.

ANY CLAIMS MADE OF ACTUAL SAVINGS OR EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS OR THE SITE DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS AND OTHER FACTORS BEYOND OUR CONTROL. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND ARE BEYOND OUR CONTROL, WE CANNOT AND DO NOT GUARANTEE OR WARRANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

OUR MATERIALS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,””'BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD-LOOKING STATEMENTS HERE OR ON ANY OF OUR MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIALS.

WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE MATERIALS OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Materials OR WEBSITE, which ARE provided 'as is', and without warranties.

OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE (IF APLICABLE).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

As always, the advice of a competent legal, tax, accounting, or other professional should be sought.

WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS, OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR THE MATERIALS.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Refund Policy

This Refund Policy applies only to purchases of Materials made on this Website, such as Comprehensive Credit Reports, Business Health Diagnostic Reports, What-If Reports and similar products. If within 72 hours of receipt you find that report prepared for you contains wrong or inaccurate information due to our fault or negligence, you may request and receive a replacement or a full refund. Furthermore, unless otherwise specified on the sales page or other written contract you have agreed to, you may discontinue any monthly membership program and cease incurring any further charges for said membership programs at any time. You may reach our customer service department at (866) 684-9995, CustomerService@CDSExperts.com, or fax (310) 684 – 3631 to make any requests regarding the guarantee.

LIVE EVENTS, such as seminars, should they be offered on this Website, are an exception to the above Refund Policy and you agree to be bound to the separate and distinct guarantee as outlined on the page which describes the event and links to this Agreement.

CONSULTATIONS AND COACHING SERVICES, should they be offered on this Website, are also an exception and may NOT be refunded under any circumstances once a concrete time has been booked in your consultants’ schedule. This is because the consultant and/or coach reserves the time for you, may turn down other business, and is entitled to charge for this service. You explicitly agree this is fair and equitable before requesting or paying for such service on this Website.

Member Conduct

Members may post their own content to our Website through our Blogs (Member Content). Members and Visitors understand that by using our Website or Materials, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy, or integrity of such content. Company is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found to be illegal, the Company will submit all necessary information to the proper authorities.

If any Member Content is reported to the Company as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by the Company. Should the Member fail to meet such a request, the Company has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Website or Materials to infringe upon the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:



  • Upload, post or otherwise transmit any Member Content that:
    • Violates any local, state, federal, or international laws.
    • Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
    • Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
    • Links directly or indirectly to any materials to which you do not have a right to link.
    • Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
    • Contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Materials.
    • Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
    • You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
    • In the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Materials, or which may expose the Company, our affiliates, or our Users to any harm or liability of any type.
  • use our Content to:
    • Develop a competing website.
    • Create compilations or derivative works as defined under United States copyright laws.
    • Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  • Decompile, disassemble, or reverse engineer our Website, Materials, and any related software.
  • Use our Website or Materials in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Materials in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, notus, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our current Privacy Policy is considered part of this Agreement and is incorporated into this Agreement by reference.We may change our Privacy Policy from time to time, as stated therein. You must review this Privacy Policy by clicking on this link.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Fraud

Without limiting any other remedies, we may suspend or terminate your access if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Website.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Third Party Websites

We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Indemnification

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Website; and (vi) your use of this Website or the products or Materials of the Company or any third party, except for claims resulting solely from our negligence or willful misconduct

Release; Covenant Not To Sue

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials or your use of this Website, other than willful misconduct or our failure to honor an express commitment posted on the Website (i.e., if we fail to deliver Materials to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 468 North Camden Drive, Suite 200, Beverly Hills, CA, 90210 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing

Arbitration

Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this Agreement or your use of the Website or the Materials, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations, intellectual property, and our Materials, shall be settled solely by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

Taxes

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the Website.



General Terms


Choice of Law, Headings, and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Nevada, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Nevada. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

Severability. The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement; Amendment. This Agreement and any shrink wrap agreement that comes with the Materials that you purchase, contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the Website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the Website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the Website. This Agreement applies to your use of this Website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

The Materials are © copyrighted by Commercial Debt Solutions, Inc. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.