This Acceptable Use Policy describes actions that
Commission Funding Solutions prohibits
when You use its website and/or services (the "Services").
You acknowledge and agree that this policy may be revised from time
to time by Commission Funding Solutions at its sole discretion, with any such modifications
effective when the revised Acceptable Use Policy is posted. It is Your responsibility to review this
Acceptable Use Policy frequently and remain informed about any changes
to it, so we encourage You to visit this page often. This Acceptable
Use Policy is governed by our Terms of Service,
and all undefined terms herein shall be as defined in the Terms
Commission Funding Solutions may in its sole discretion determine whether You are in violation of this Acceptable Use Policy. The Services may be used only for lawful purposes and may not be used for any illegal activities. As specified below, Commission Funding Solutions maintains the position that using the Services in an illegal, abusive or any other manner that interferes with or diminishes others' use and enjoyment of the Services is prohibited.
The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Services. This list is provided by way of example and shall not be considered exhaustive.
Violation of this Acceptable Use Policy may result in the immediate suspension or termination of Your account, civil and/or criminal liability, and Commission Funding Solutions may, in addition to any remedy that it may have at law or in equity, terminate permission for You to use the Services. In such event, You are still liable for any and all outstanding charges accumulated through Your use of the Services, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, Commission Funding Solutions may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to Commission Funding Solutions stating that they have been harmed by Your failure to abide by this Acceptable Use Policy. Commission Funding Solutions' failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Commission Funding Solutions' rights hereunder.
Commission Funding Solutions believes that strong consumer privacy and choice standards are essential to the success of mobile marketing by protecting mobile users from unwanted communications on their mobile devices. It is only through industry adoption of strong privacy guidelines that the power of mobile marketing can reach its full potential. This is why we have developed our code of conduct based upon guidelines created by the Mobil Marketing Association. With this in mind, Commission Funding Solutions operates according to the following Code of Conduct, and requires the same of its customers and business partners.
Adapted from the Mobile Marketing Association Global Code of Conduct.
We don't like SPAM anymore than you do, and strictly enforce our NO-SPAM policy.
Commission Funding Solutions only allows verified opt-in subscriptions and insures that all subscribers can opt-out quickly, easily, and permanently from unwanted SMS communications. You can opt-out by texting 'STOP, REMOVE, or CANCEL' to the specific merchant number you wish to opt-out. You can also opt-out of all Commission Funding Solutions merchant programs by going to our website and using the STOP ALL option on your profile page.
Commission Funding Solutions does use email addresses obtained from many different sources including but not limited to: Direct opt-in's/subscriptions, Real estate companies rosters, in-house proprietary methods, and clearing houses who source information from licensing information and various other public record sources.
Commission Funding Solutions follows an NO-SPAM policy for all of its communications protocols. This means that we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please let us know about any abuse, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the contents of the message. To report any abuse or violations of inappropriate use of our service, please contact us with your comments/complaints. Your report will be registered and the merchant will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential.
On our terms and conditions agreement, our merchants specifically agree NOT to use Commission Funding Solutions to send unsolicited Text Messages or Spam. To use our system merchants agree on the Opt-In only policy in building their list. All Text Messages sent using Commission Funding Solutions can be tracked and so removed from the sender list. We support OPT-OUT / REMOVE / UNSUBSCRIBE, commands which automatically remove the number from the list Our system has safe guards built in to maintain opt-in only subscriptions Your number can not be added to a list with our your approval thanks to our opt-in confirmation process. If we suspect a violation of our NO-SPAM policy, we will contact the Client and discuss the Client options, which may range from a warning, to termination of service for that Client. To the best of our knowledge, our system adheres to ALL state and national laws regarding sending unsolicited bulk / group text messages.
Please let us know about any abuse, including your Mobile Number, the date and time you received it and the contents of the message. You will be removed from that list and the Client will be restricted from adding your mobile number to their list in the future. Email: [email protected]
If you wish to remove yourself from any list, please email us at [email protected]with an "UNSUBSCRIBE", "STOP" or "REMOVE" in the subject line. You also may reply to the text Message received by using any of the aforementioned keywords. You may also reach us on the phone at 877-693-3593 or via mail at Commission Funding Solutions, 1902 Wright Place, Ste 200, Carlsbad, CA 92008, USA
Please note that this document may change from time to time, to clarify wording or to reflect new features from Commission Funding Solutions. However, the following principles will not change:
Commission Funding Solutions collects and uses different types of data based upon your relationship. We basically have two groups;
Merchant provided information typically includes:
Consumer provided information may include;
Your information may be shared with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
There are multiple opt-out options for users of this Application:
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 12 months and thereafter may store it in aggregate. If you'd like us to delete User Provided Data that you have provided via the Application, please contact us at [email protected] and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. Commission Funding Solutions is hosted on servers at Rackspace.com, who employ in-depth security measures. We limit access to information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or method of electronic storage is, however, 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.
Commission Funding Solutions operates "AS-IS" and "AS-AVAILABLE," without liability of any kind. Commission Funding Solutions is not responsible for events beyond our direct control.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at [email protected], or any of options available on our contact us page.
The terms "you," "your," and "yours" refer to the customer using our website. The terms "Company," "we," "us," and "our" refer to Commission Funding Solutions. Your use of Agent E-Flyer's website (the "Website") is subject to these General Terms and Conditions ("Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our Website. It is your responsibility to review these General Terms and Conditions frequently and remain informed about any changes to them, so we encourage you to visit this page often. Your use of this Website constitutes your binding acceptance of these Terms, including any modifications that we may make.
While Commission Funding Solutions strives to ensure that the information contained on this Website is accurate and reliable, Commission Funding Solutions makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of this Website. Commission Funding Solutions reserves the right to revise the information contained on this Website at any time, in its sole discretion without any obligation to notify past, current or prospective visitors.
You may download certain content that appears on this Website for your personal use, provided you do not remove or modify any copyright, trademark or other proprietary notices. You expressly agree that no right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and Commission Funding Solutions cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from this Website, and Commission Funding Solutions will not be liable for any damages that you may suffer as a result of such download.
Your use of this Website is at your sole risk, and the Website is provided on an "As Is" and "As Available" basis. Commission Funding Solutions expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Website, including without limitation the implied warranty of merchantability, fitness for a particular purpose or non–infringement. If you download or copy any material from this Website, you do so at your sole discretion and risk and consequently you will be responsible for any damage to your computer system or loss of data that results from the download or copying of any material or software.
All products (including software) and services of Commission Funding Solutions may only be accessed and used pursuant to a separate product or service agreement. If you have accessed such products or services prior to entering into a separate product or service agreement, such access is in violation of the Terms of this Website, and you shall immediately cease using such services or delete any such products from your computer or server until such time as you become an authorized user of such products or services.
In no event will Commission Funding Solutions be liable for any direct, indirect, punitive, special, incidental or consequential damages however they may arise, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the: (i) use of the information contained on this Website; (ii) use of software downloaded from this Website; or (iii) for the failure to provide services or information available from this Website, even if Commission Funding Solutions has been previously advised of the possibility of such damages.
You agree to defend, indemnify and hold Commission Funding Solutions harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of this Website.
Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Commission Funding Solutions. Commission Funding Solutions has no control over these linked sites, is not responsible for the contents of these sites and makes no representations or warranties with respect to these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.
Unless otherwise noted, the graphic images, buttons and text contained in this Website are the exclusive property of Commission Funding Solutions and are © Copyright Commission Funding Solutions, Inc. All rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of Commission Funding Solutions.
In the event you elect to communicate to us suggestions for improvements to the Website or any of Agent E-Flyer's services or properties (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Commission Funding Solutions via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of Commission Funding Solutions. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
In order to use the Commission Funding Solutions Service or Application, access the
information contained on the Commission Funding Solutions website (the "Website") or make
use of the services provided by Commission Funding Solutions (the "Service" or "Services"),
you (hereinafter referred to as "You") must first read this agreement
(the "Agreement") and accept it. You may not avail Yourself of the
Commission Funding Solutions Application, Website or Services if You do not accept this
Agreement and the terms therein. You accept the terms of the Agreement
by clicking to accept, by agreeing to the terms of the Agreement
in the user interface for any Commission Funding Solutions Service, or by using the
Commission Funding Solutions
Application or Services. In the latter case, You understand and
agree that we will treat Your use of the Services as acceptance
of the terms from that point onwards.
The terms and conditions set forth herein may be amended in our sole and absolute discretion from time to time, and such amended terms and conditions shall be effective immediately upon posting to the Website. Your continued use of the Service after such posting will constitute acceptance by You of such amendments. It is Your responsibility to review these Terms of Service frequently and remain informed about any changes to them, so we encourage You to visit this page often.
1.1 Subject to Your
acceptance of and compliance with this Agreement and with the payment
requirements for the Services, Commission Funding Solutions hereby grants You a limited,
non-exclusive, non-transferable, non-sublicenseable, revocable right
and license during the Term of this Agreement in and under our intellectual
property rights, to access and use the Services, solely in accordance
with the terms and conditions of this Agreement. Unless explicitly
stated otherwise, any new features provided by Commission
Funding Solutions that augment
or enhance the current Services shall also constitute "Services"
and shall be subject to these terms and conditions. You may not,
nor allow any third party to, copy, distribute, sell, disclose,
lend, transfer, convey, modify, decompile, disassemble or reverse
engineer the Services for any purpose whatsoever. You may not allow
any unauthorized third party to access the Services for any purpose
whatsoever. All rights not expressly granted under this Agreement
are retained by Commission Funding Solutions.
1.2 You may not remove, obscure, or alter any notice of any Commission Funding Solutions trademark, service mark or other intellectual property or proprietary right appearing on the Website or contained within the Services.
1.3 Provided that You comply with the terms of this Agreement and our policies and procedures including the Acceptable Use Policy, You may use the Services to execute Applications owned or lawfully obtained by You. You are solely responsible for Your Applications, including any data, text, images or content contained therein.
1.4 You are personally responsible for all traffic originating from Your account credentials to the Services. As such, You should protect Your security credentials. Actions taken using Your credentials shall be deemed to be actions taken by You, with all consequences including service termination, civil and criminal penalties.
1.5 We may make available to You, for Your installation, copying and/or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (the "Commission Funding Solutions Properties"). Subject to Your acceptance of and compliance with this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and payment if and as required for Your right to use the subject Service, Commission Funding Solutions hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term of this Agreement in and under our intellectual property rights in the Commission Funding Solutions Properties, only to install, copy and use the Commission Funding Solutions Properties solely in connection with and as necessary for Your use of such Services, solely in accordance with the terms and conditions of this Agreement.
(a) The Commission Funding Solutions Properties may include, without limitation:
(b) Commission Funding Solutions may make available under another license agreement, such as an open source agreement, additional content or software. Any such content or software will be clearly marked with such a license indicating the usage rights available for that content or software. For such content or software released pursuant to an open license, Commission Funding Solutions encourages You to modify, alter, tamper with, repair and/or create derivative works consistent with such license. Such content or software may include:
(c) Except as may be expressly authorized under this Agreement:
1.6 For purposes
of this Agreement, Commission Funding Solutions hereby grants to You a limited, non-exclusive,
non-transferable, non-sub-licenseable, revocable license during
the Term of this Agreement to display the trade names, trademarks,
service marks, logos, domain names of Commission Funding
Solutions (each, a "Commission Funding Solutions Mark")
for the purpose of promoting or advertising that You use the Services,
solely in accordance with the terms and conditions of this Agreement.
In return You hereby grant Commission Funding Solutions a limited, non-exclusive, non-transferable,
non-sublicenseable license during the Term of this Agreement to
display Your trade names, trademarks, service marks, logos, domain
names and the like for the purpose of promoting or advertising that
You use the Services. In using Commission Funding Solutions Marks, You may not: (i) display
a Commission Funding Solutions Mark in any manner that implies a relationship or affiliation
with, sponsorship, or endorsement by Commission Funding
Solutions; (ii) use
Commission Funding Solutions' Marks
to disparage Commission Funding Solutions or its products or services; or (iii) display
a Commission Funding Solutions Mark on a site that violates any law or regulation. Notwithstanding
the above, Commission Funding Solutions may determine in its sole discretion whether its
marks may be used in connection with Your Application. Furthermore,
we may modify any Commission Funding Solutions Marks provided to You at any time, and
upon notice, You will use only the modified Commission Funding
Solutions Marks and not
the old Commission Funding Solutions Marks. Other than as specified in this Agreement,
You may not use any Commission Funding Solutions Mark unless You obtain our prior written
consent. All uses of the Commission Funding Solutions Trademarks and goodwill associated
therewith shall inure to the benefit of Commission Funding
1.7 Subject to our commercially reasonable efforts and so long as Your account remains in good standing, data generated by Your use of the Service such as messages and call log entries will remain available via our Application for at least six months from the date such data was generated. Notwithstanding the above and without limitation to Section 7, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to loss of data associated with Your account and data therein.
2.1 The term ("Term")
of this Agreement will commence once You accept this Agreement as
provided above. The Agreement will remain in effect until terminated
by You or us in accordance with this Section 2.
2.2 You may terminate this Agreement for any reason or no reason at all, at Your convenience, by closing Your account for any Service for which we provide an account closing mechanism.
2.3 We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), for any reason or for no reason, at our discretion at any time by providing You thirty (30) days' advance notice in accordance with the notice provisions set forth in Section 10 below.
2.4 We may suspend Your right and license to use the Service or terminate this Agreement in its entirety (and, accordingly, Your right to use the Service), for cause effective as set forth below:
2.4.1 Immediately upon our notice to You in accordance with the notice provisions set forth in Section 10 below if (i) You violate any provision of the Acceptable Use Policy or we have reason to believe that You have violated the Acceptable Use Policy, (ii) there is an unusual spike or increase in Your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to You is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) subject to applicable law, upon Your liquidation, commencement of dissolution proceedings, disposal of Your assets, failure to continue Your business, assignment for the benefit of creditors, or if You become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
2.4.2 Immediately and without notice if You are in default of any payment obligation with respect to any of the Services or if any payment mechanism You have provided to us is invalid or charges are refused for such payment mechanism.
2.4.3 Five (5) days following our provision of notice to You in accordance with the notice provisions set forth in Section 10 below if You breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5-day period.
2.5 Effect of Suspension or Termination.
2.5.1 Upon our suspension of Your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by You, notwithstanding the suspension; (ii) You remain liable for all fees, charges and any other obligations You have incurred through the date of suspension with respect to the Services; and (iii) all of Your rights with respect to the Services shall be terminated during the period of the suspension.
2.5.2 Upon termination of this Agreement for any reason: (i) You remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to the Services; and (ii) all of Your rights under this Agreement shall immediately terminate.
2.6 In the event this Agreement expires or is cancelled or terminated for any reason, Sections 6, 7, 8, 9, 10 and 11 and any applicable definitions will survive any such expiration, cancellation or termination.
2.7 Following the suspension or termination of Your right to use the Services by us or by You for any reason other than a termination for cause, You shall be entitled to take advantage of any post-termination assistance we may generally elect to make available with respect to the Services such as data retrieval arrangements. We may also endeavor to provide You with unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to You, shall be conditioned upon Your acceptance of and compliance with any fees and terms we specify for such assistance.
3.1 In addition to
our rights to terminate or suspend Services to You as described
in Section 2 above, You acknowledge that: (i) Your access to and
use of the Services may be suspended for the duration of any unanticipated
or unscheduled downtime or unavailability of any portion or all
of the Services for any reason, including as a result of power outages,
system failures or other interruptions; and (ii) we shall also be
entitled, without any liability to You, to suspend access to any
portion or all of the Services at any time, on a Service-wide basis:
(a) for scheduled downtime to permit us to conduct maintenance or
make modifications to any Service; (b) in the event of a denial
of service attack or other attack on the Service or other event
that we determine, in our sole discretion, may create a risk to
the applicable Service, to You or to any of our other customers
if the Service were not suspended; or (c) in the event that we determine
that any Service is prohibited by applicable law or we otherwise
determine that it is necessary or prudent to do so for legal or
regulatory reasons (collectively, "Service Suspensions").
Without limitation to Section 7, we shall have no liability whatsoever
for any damage, liabilities, losses (including any loss of data
or profits) or any other consequences that You may incur as a result
of any Service Suspension. To the extent we are able, we will endeavor
to provide You notice of any Service Suspension in accordance with
the notice provisions set forth in Section 10 below and to post
updates regarding resumption of Services following any such suspension,
but shall have no liability for the manner in which we may do so
or if we fail to do so.
3.2 We strive to keep information You provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly, without limitation to Section 7 below, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content including all audio recordings associated with Your account. We strongly encourage You, where available and appropriate, to use encryption technology to protect Your content from unauthorized access and to routinely archive Your content. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.
4.1 We may award
credits, points or any of our other virtual currencies (each individually
or collectively referred to as "Promotional Credits") in connection
with promotions or other giveaways. Acquisition of Promotional Credits
provides only a limited, non-transferable, non-sublicensable, revocable
license to use such Promotional Credits to access Services that
we expressly make available for use with the Promotional Credits.
Promotional Credits have no monetary value and do not constitute
currency or property of any type. Promotional Credits may not be
sold or transferred, and cannot be exchanged for cash or for any
other goods or services, except for Services. We may cancel any
Promotional Credits transferred, assigned or sold in violation of
4.2 During the term of Your license to Promotional Credits, You have the right to redeem Promotional Credits for selected Services. We neither guarantee the availability of particular Services nor that particular Services will be offered for any particular time.
4.3 The term of Your Promotional Credits license starts when You acquire such Promotional Credits and, subject to this Agreement, expires upon the earlier of (a) twelve months from the date of award (as the context requires and applicable to each individual award); or (b) the date that Your access to the Services is expired, suspended, cancelled or terminated as set forth herein. If You do not use Your account for twelve months, or if You delete Your account, any remaining Promotional Credits may be redeemed, cancelled or expired by us. Once Promotional Credits are redeemed for Services, such Services are not returnable, exchangeable or refundable for Promotional Credits or any other virtual currency, or for cash or goods or services.
4.4 Promotional Credits may only be held by legal residents of countries where access to and use of the Services and Promotional Credits are permitted. Promotional Credits may only be awarded by us or through means we provide on the Website or otherwise expressly authorize. We can cancel or suspend Your access to Promotional Credits in our sole discretion and without prior notice, if (a) You fail to comply with this Agreement; or (b) if we otherwise suspect fraud or misuse of Promotional Credits. We have no obligation or responsibility to, and will not reimburse You for, any Promotional Credits lost due to such cancellation or suspension.
4.5 We have the absolute right to offer, manage, regulate, modify and/or eliminate Promotional Credits or any portion thereof, at any time, without any liability to You.
In its sole discretion, Commission Funding Solutions shall determine whether You are
eligible for a free trial subscription to its Services, which terms
of the free trial are set forth
here. Free trials are
limited to one per person, and if we find that You have created
multiple free trial accounts, we reserve the right to suspend those
accounts and take actions to prevent additional violations.
5.1 To the extent the Services or any portion thereof are made available for any fee, You agree to pay all applicable fees (including any minimum subscription fees) as set forth here. You agree to pay any carrier costs, such as fees for porting Your existing telephone numbers into or out of the Services. We may increase or add new fees for any existing Service or Service feature by giving You 30 days' advance notice. All fees payable by You are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT/sales tax from You.
5.2 We may specify the manner in which You will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by You under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, You shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, You shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
5.3 Should You have any dispute as to fees associated with Your account, please contact us at [email protected] within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to Your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.
6.1 Other than the
limited use and access rights and licenses expressly set forth in
this Agreement, we reserve all right, title and interest (including
all intellectual property and proprietary rights) in and to: (i)
the Services; (ii) the Commission Funding Solutions Properties; (iii) the
Commission Funding Solutions Marks;
and (iv) any other technology and software that we provide or use
to provide the Services and the Commission Funding Solutions Properties. You do not, by
virtue of this Agreement or otherwise, acquire any ownership interest
or rights in the Services, the Commission Funding Solutions Properties, the
Commission Funding Solutions Marks,
or such other technology and software, except for the limited use
and access rights described in this Agreement.
6.2 Commission Funding Solutions may, at its discretion, offer certain marketing guides, tools, application samples, or documentation under an open source license. Any such products will be marked with copyright details, and those copyrights will apply to those and only those documents. Commission Funding Solutions reserves all rights to any documents, tools, services, technologies and the like not designated with an open license.
6.3 Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from Commission Funding Solutions Properties, You reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data You may send to us or use as part of Your use of any Services ("Your Content"); and (ii) Your Applications.
6.4 In the event You elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the Commission Funding Solutions Properties or the Commission Funding Solutions Marks (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if You have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information You post or provide to Commission Funding Solutions via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of Commission Funding Solutions. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
6.5 During and after the Term of the Agreement, with respect to any of the Services that You elect to use, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.
6.6 Commission Funding Solutions respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify Commission Funding Solutions of Your infringement claim in accordance with the procedure set forth below.
Commission Funding Solutions will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Commission Funding Solutions' Copyright Agent at [email protected] for (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent, Commission Funding Solutions
1902 Wright Place, Ste 200
Carlsbad, CA 92008
To be effective, the notification must be in writing and contain the following information:
7.1 You represent
and warrant that You will not use the Website (including our forums
and comments sections), Services, Commission Funding Solutions Properties,
Commission Funding Solutions Marks,
Your Application or Your Content in a manner that violates the
Use Policy. To this effect, we ask that You take reasonable precautions
to promote best practices. Although Commission Funding Solutions does not assume the duty
or obligation to monitor any materials created, posted or uploaded
by You or any third parties, Commission Funding Solutions reserves the right, in its sole
and absolute discretion, to monitor any and all materials posted
or uploaded by You or any third parties at any time without prior
notice to ensure that they conform to any usage guidelines or policies
(including our Acceptable Use Policy) relating to our Website or
7.2 You also acknowledge and understand that we do NOT currently allow You to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). The Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services.
7.3 You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of Your Content, including without limitation, the accuracy, appropriateness and completeness of Your Content and all product-related materials and descriptions; (ii) that You have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Content; (iii) that Your Content does not (a) violate, misappropriate or infringe any rights of us or any third party, (b) constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; and (iv) to the extent to which You use any of the Commission Funding Solutions Marks, that You will conduct Your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of Commission Funding Solutions. You also represent and warrant that You are responsible for any charges incurred by virtue of Your use of the Application, no matter whether the Application acted in error.
7.4 You further agree that You understand that You may use any phone number (including any previously-provisioned direct numbers) assigned or ported in to Your account and Commission Funding Solutions shall not interfere with Your right to port that number away so long as Your account is in good standing and that You provide appropriate supporting documentation in accordance with common industry standards for porting such number away from Commission Funding Solutions; provided, however, that if Your account has closed, suspended or lapsed for any other reason (including termination of this Agreement) and You have not reactivated Your account or rectified such status within sixty (60) days after the earliest to occur of such event, then at the end of such sixty (60)-day period Commission Funding Solutions will immediately assume ownership of any phone numbers and reserves the right to give any of those numbers to other customers, and Your portability rights will be lost. During such sixty (60)-day period, You shall retain the exclusive right to port phone numbers associated with Your account away from Commission Funding Solutions.
7.6 You represent and warrant that without Commission Funding Solutions' express written consent You will not use, and will not authorize any third party to use, any Public Software (as defined below) in connection with the Services in any manner that requires, pursuant to the license applicable to such Public Software, that any Commission Funding Solutions Properties or Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients. With respect to any Feedback or Communications, You represent and warrant that such Feedback and Communications, in whole or in part, contributed by or through You, (i) is legally distributable by You, either because You own the copyright or because You have fully complied with any copyright terms associated with the software or content, (ii) contains no third party software or any software that may be considered Public Software and (iii) does not violate, misappropriate or infringe any intellectual property rights of any third party. "Public Software" means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU's General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License, (ii) The Artistic License (e.g., PERL), (iii) the Mozilla Public License, (iv) the Netscape Public License, (v) the Sun Community Source License (SCSL), (vi) the Sun Industry Standards License (SISL), (vii) the BSD License and (viii) the Apache License.
7.7 You represent and warrant that: (i) the information You provide in connection with Your registration for the Services is accurate and complete; (ii) You are duly authorized to do business in the jurisdiction where You operate; and (iii) You are an authorized representative of Your entity duly authorized to access the Services and to legally bind You to this Agreement and all transactions conducted under Your account.
7.8 Commission Funding Solutions PROPERTIES, THE Commission Funding Solutions MARKS, THE SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE Commission Funding Solutions PROPERTIES, THE Commission Funding Solutions MARKS, THE SERVICES OR THE PROMOTIONAL CREDITS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7.9 In addition to the foregoing, we specifically disclaim all liability, and You shall be solely responsible for the development, operation, and maintenance of Your Content and for all materials that appear on or within Your Content and You agree that You shall, without limitation, be solely responsible for:
7.9.1 the accuracy and appropriateness of any materials posted on or within Your Content (including, among other things, any product-related materials);
7.9.2 ensuring that any materials posted on Your site do not violate our Acceptable Use Policy, are not illegal and do not promote illegal activities, including without limitation any activities that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
7.9.3 any of Your users' or customers' claims relating to Your Content or any Services utilized in connection with Your use of Commission Funding Solutions Application or Services.
7.10 NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Commission Funding Solutions PROPERTIES, THE Commission Funding Solutions MARKS, THE SERVICES OR PROMOTIONAL CREDITS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7.11 THE SERVICES DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. "EMERGENCY SERVICES SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES." NEITHER Commission Funding Solutions NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE Commission Funding Solutions OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
7.12 Third Party Materials: Certain content, products, and services available via the Commission Funding Solutions website (or links contained therein) may include materials, software, plug-ins, applications and other resources from third parties and access to third party websites (collectively "Third Party Materials"). You acknowledge and agree that Commission Funding Solutions is not responsible for examining or evaluating the content or accuracy of any such Third Party Materials and that Commission Funding Solutions does not warrant or endorse and does not assume (and will not have) any liability or responsibility for any Third Party Materials or any damage or loss resulting therefrom. The availability of Third Party Materials is provided solely as a convenience to you. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Materials, including any reliance on the accuracy, completeness, or usefulness thereof. Please also remember that all use of the Commission Funding Solutions website and service is subject to the Commission Funding Solutions Terms of Service.
8.1 You agree to
indemnify, defend and hold us, our affiliates and licensors, each
of our and their business partners (including third party sellers
on websites operated by or on behalf of us) and each of our and
their respective employees, officers, directors and representatives,
harmless from and against any and all claims, losses, damages, liabilities,
judgments, penalties, fines, costs and expenses (including reasonable
attorneys fees), arising out of or in connection with any claim
arising out of (i) Your use of the Services, Commission Funding
Solutions Properties and/or
Commission Funding Solutions Marks in a manner not authorized by this Agreement, and/or
in violation of the applicable restrictions, the Acceptable Use
Policy, and/or applicable law, (ii) Your Application, Your Content,
or the combination of either with other applications, content or
processes, including but not limited to any claim involving infringement
or misappropriation of third-party rights and/or the use, development,
design, manufacture, production, advertising, promotion and/or marketing
of Your Application and/or Your Content, (iii) Your violation of
any term or condition of this Agreement, the
Acceptable Use Policy
or any applicable additional policies, including without limitation,
Your representations and warranties, or (iv) You or Your employees'
or personnel's negligence or willful misconduct.
8.2 We agree to promptly notify You of any claim subject to indemnification; provided that our failure to promptly notify You shall not affect Your obligations hereunder except to the extent that our failure to promptly notify You delays or prejudices Your ability to defend the claim. At our option, You will have the right to defend against any such claim with counsel of Your own choosing (subject to our written consent) and to settle such claim as You deem appropriate, provided that You shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.
anything to the contrary, we may seek injunctive or other relief
in any state, federal, or national court of competent jurisdiction
for any actual or alleged infringement of Commission Funding
Solutions' or any third
party's intellectual property rights and/or proprietary rights.
Any dispute hereunder shall be adjudicated in any state or federal
court in Seattle, Washington, and You consent to exclusive
jurisdiction and venue in such courts. You further acknowledge that
our rights in the Commission Funding Solutions Services,
Commission Funding Solutions Properties and the
Commission Funding Solutions
Marks are of a special, unique, extraordinary character, giving
them peculiar value, the loss of which cannot be readily estimated
and may not be adequately compensated for in monetary damages.
9.2 By using the Services, You agree that the laws of the State of Washington, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and us.
10.1 Notices made
by us under this Agreement for You or Your account specifically
(e.g., notices of breach and/or suspension) will be provided to
You via a notification message displayed on Your account page,
via text message to a mobile phone number provided to us in Your
registration for the Services or in any updated mobile phone
number You provide to us in accordance with standard account
information update procedures we may provide from time to time,
via the email address provided to us in Your registration for the
Services or in any updated email address You provide to us in accordance
with standard account information update procedures we may provide
from time to time. It is Your responsibility to keep Your email
address and your mobile phone number current and You will be deemed to have received any email
sent to any such email address, or message sent to any such
mobile phone, upon our sending of the email or text message, whether
or not You actually receive the email or text message.
10.2 For notices made by You to us under this Agreement and for questions regarding this Agreement or the Services, You may contact Commission Funding Solutions as follows: by US Postal Mail at:
Commission Funding Solutions, 1902 Wright Place, Ste 200, Carlsbad, CA 92008 , or by contacting us at [email protected]
If You authorize, assist, encourage or facilitate another person
or entity to take any action related to the subject matter of this
Agreement, You shall be deemed to have taken the action Yourself.
11.2 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
11.3 Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
11.4 Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
11.6 No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of Your Applications or Your Content.
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