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.

• Notice - We will provide notice is an easily understandable and quickly discoverable description of the terms and conditions of a marketing program. Notice should include information sufficient to permit a user to make an informed decision about his or her choices on how that information is used for that marketing program.

• Choice, Consent & Control - Commission Funding Solutions is an Opt-in only program. Consumers may opt-in to a program by sending an SMS, calling and using a voice driven prompts system, on-line via a website, or through any other legitimate method where the customer specifically knowingly choose to opt-in. Consumers must also be allowed to terminate their participation in an ongoing mobile marketing program (or “Opt-out”) through channels identical to those through which they can Opt-in to a given program.

• Customization - As mobile marketing campaigns are most effective and efficient when appropriately targeted. Consumers may have the option to provide demographic, offer preference, frequency, and message quantity and other information in order to optimize the messages they receive.

• Constraint - The Commission Funding Solutions system has built in delivery constraints which manage message delivery based upon individual consumer preferences. Additionally, Commission Funding Solutions provides a global “throttling mechanism” capable of managing the number of messages received by an individual consumer. The purpose this is to effectively manage and limit mobile marketing programs to a reasonable number of programs, defaulted to 3 per day. Consumers have the option to override the throttle via the options provided on their user profile page.

• Security - Commission Funding Solutions implements reasonable technical, administrative and physical procedures to protect user information collected in connection with mobile marketing programs from unauthorized use, alteration, disclosure, distribution, or access.

• Confidentiality - Commission Funding Solutions does not rent, sell or share personal information about consumers participating in programs delivered through its platform with other people or nonaffiliated companies except to provide the products and services requested. We may share aggregated, non-personal, non-individual information collectively with marketing partners for research purposes only. All Commission Funding Solutions customers are subject to the terms and conditions of our Privacy Policy.

• Enforcement & Accountability - Commission Funding Solutions will not tolerate any abuse of our code of conduct, or Acceptable Use Policy. If you feel that a user of Commission Funding Solutions is not abiding by our code of conduct, please contact us immediately so that we may investigate and take appropriate action.

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.

Our 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.

Our Definition of Spam

• We consider any unsolicited, unexpected, or unwanted text message as Spam.
• We do NOT allow use of 3rd party lists, whether consent has been gathered or not.
• We believe that any type of communication sent to a subscriber about an unrelated subject, to be Spam.

Commission Funding Solutions Anti-Spam policy:

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.

NO-SPAM Policy Enforcement:

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.

SPAM and ABUSE REPORT:

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]

OPT-OUT / REMOVE / UNSUBSCRIBE:

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:

• Your trust is the most precious thing we have, and we will never betray you.
• We want you to be in control of your own information.
• Your private information remains absolutely confidential.
• We will be very transparent and explain clearly what we do with your information.
• We will never spam you, and never allow others to spam you.

This privacy policy governs your use of a software application ("Application") that was created by Commission Funding Solutions, Inc. The Application includes the ability to send and receive text based messages from a business to a customer, such as deals, offers, coupons, and announcements.

What information does the Application obtain and how is it used?

Commission Funding Solutions collects and uses different types of data based upon your relationship. We basically have two groups;

• Merchants, who sign up to use our service to process and post text based messages to their customers,
• Consumers also called subscribers or members, who sign up to be part of a merchants messaging program, or with Commission Funding Solutions to find and join merchant messaging programs that are of interest to them.

Merchant provided information typically includes:

• User Provided Information such as; contact name, business name, address, phone, e-mail, mobile phone number, business type, password,
• Transaction related information such as credit card information for use of the application, transaction data related to the use of the application
• Automatically Collected Information - In addition, the Application may collect certain information automatically, such the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Consumer provided information may include;

• At time of sign up or registration, only your mobile phone number is collected. Commission Funding Solutions only displays a portion of the number to the merchant.
• User Provided Information, you are given the option to add data to your record to improve and optimize the level of service to meet your individual needs. This information may include the frequency of messages desired, the types of messages desired, birth date, gender, e-mail, zip code, interests, social media accounts such as Facebook, etc.
• Transactional related information such as the use of the application in responding to offers, or messages
• Automatically collected information, additional information may be collected such as the type of your device, unique device ID, your IP address, operating system, the type of browser you use, and information about when and how you use the application

Do third parties see and/or have access to information obtained by the Application?

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:

• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights,
• protect your safety or the safety of others, investigate fraud, or respond to a government request;
• with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere
  to the rules set forth in this privacy statement.
• if Commission Funding Solutions, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

There are multiple opt-out options for users of this Application:

• Merchant -You may Opt-out of all information collection by cancelling your service.
• Consumer - You may opt-out of specific merchant programs by texting STOP to the merchants unique number. You may also Opt-out of all merchant and Commission Funding Solutions programs on your profile page on our website.

Data Retention Policy, Managing Your Information

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.

Children

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.

Security

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.

Links to Other Sites

This website may contain links to other sites that are not owned or controlled by us. Please be aware that Commission Funding Solutions is not responsible for the privacy policies of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies only to information collected by this website.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and by informing you via email or text message. You are advised to consult this Privacy Policy regularly for any changes.

Your Consent

By using the Services, you are consenting to our processing of User Provided and Automatically Collection information as set forth in this Privacy Policy now and as amended by us. "Processing," means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By using the Application and providing information to us, you consent to such transfer to, and processing in, the US.

Legal Disclaimer

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.

Contact Us

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.

Accuracy and Completeness of Information

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.

Your Use of this Website

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.

Privacy Policy

Agent E-Flyer's use of any personally identifiable information you submit to the Website is governed by the Website's Privacy Policy.

Disclaimers

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.

Products and Services

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.

Limitation of Liability

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.

Indemnification

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.

Links to Third Party Websites

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.

Copyright Notice

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.

Submissions, Suggestions & Community Participation

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.

Trademark Notice

• Commission Funding Solutions and the Commission Funding Solutions logo are trademarks of Commission Funding Solutions, Inc.
• Other company, product, and service names mentioned in these documents may be trademarks and/or service marks of others.

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.

By putting a check mark next to I AGREE and clicking on SUBMIT or using the Application or Services, You represent that You have read and agree to the terms and conditions of this Agreement, which also include and incorporate Commission Funding Solutions' Acceptable Use Policy, General Terms and Conditions, NO-SPAM Policy and Privacy Policy. These terms and conditions will remain in effect throughout Your use of the Services and continue after this Agreement expires, cancels or is terminated. These terms and conditions are legally binding should You choose to register for the Service. You may not use the Application or Services and may not accept the terms if (a) You are not of legal age to form a binding contract with us, or (b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which You are resident or from which You use the Services.
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. Grant of Rights to Use Services

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:

• The Commission Funding Solutions Website;
• The Commission Funding Solutions Application
• Specifications describing the operational and functional capabilities, use limitations, and testing and performance criteria relevant to the proper use of a Service and its related Application and technology.

(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:

• Developer tools, such as software development kits or sample code, for use in connection with the APIs; and
• Articles and documentation for use in connection with the use and implementation of the APIs collectively, "Documentation").

(c) Except as may be expressly authorized under this Agreement:

• You may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Commission Funding Solutions Properties.
• You may not, and may not attempt to, reverse engineer, disassemble, or decompile the Commission Funding Solutions Properties or the Services or apply any other process or procedure to derive the source code of any software included in the Commission Funding Solutions Properties.

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 Solutions.
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. Term, Termination and Suspension

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. Downtime and Service Suspensions; Security

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. Promotional Credits

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 this Agreement.
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.

5. Fees

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. Intellectual Property

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:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the Site, with enough detail that we may find it on the Site;
• 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 or intellectual property owner, its agent, or the law;
• a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

7. Representations and Warranties; Disclaimers; Limitations of Liability

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 Acceptable 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 Services.
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.
7.5 You represent and warrant that You have read and understood the Acceptable Use Policy, Privacy Policy, NO-SPAM Policy, and General Terms and Conditions, and You agree to abide by their terms, where applicable, including as incorporated by reference herein. You further agree to abide by all applicable local, state, national, foreign and international laws and regulations and that You will be solely responsible for all acts or omissions that occur under Your account or password, including the content of Your transmissions through the Service. By way of example, and not as a limitation, You agree not to violate any provisions of the Acceptable Use Policy.
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. Indemnification

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.

9. Disputes

9.1 Notwithstanding 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. Notices

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]

11. Miscellaneous Provisions

11.1 Responsibility. 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.
11.5 Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the Commission Funding Solutions Website and as may be modified thereafter (including the Acceptable Use Policy, the General Terms and Conditions and the Privacy Policy) and constitutes the entire agreement between You and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between You and us, whether written or oral, regarding such subject matter.
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.