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Terms of Service

IN USING E-FIXCREDIT.COM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:

Terms of Use

These terms and conditions (Terms of Use, Agreement) will govern your use of our mobile application (E-Fix Credit, the App) and deemed as part of your entire agreement with E-Fix Credit Solutions for accessing www.e-fixcredit.com (Site) or using its Credit Monitoring, Credit Counseling, Personal or Business Credibility Building Services, or related resources, educational materials, business solutions, social media, or services (collectively the Services) being offered on this website. Please carefully review these terms and conditions before using the App to access or use the Services. If you do not consent, you must not use this App. All users shall consent to these terms and conditions for using E-Fix Credit. Clicking I Agree or related syntaxes, when prompted, shall be deemed as your explicit consent to accept and abide by this Agreement.

When you enter this agreement, it shall be deemed that you are legally mature in your jurisdiction and otherwise competent to enter this agreement. All activities without consenting to these terms of use shall be deemed as unauthorized access.

The provisions of this agreement shall be subject to the applicable laws. If the terms and conditions of this agreement become inconsistent with the applicable laws, the affected provisions shall be deemed as unenforceable to the extent of such inconsistency and the applicable laws shall prevail. However, you will have no rights to change or modify these terms and conditions, unless consented by E-Fix Credit Solutions in writing.

E-Fix Credit Solutions reserves a right to determine the process, policies, and guidelines for using the App to access its Site and Services. Please acknowledge that we may restrict certain features or functionality of the App for users who meet the eligibility criteria. You shall consent to comply with all such restrictions, policies, and guidelines for using the App to access our Site and Services.

The App shall be available to business entities across the world, but it shall be your responsibility to ensure that you can use E-Fix Credit in your jurisdiction without violating any local, state, federal, and international laws or embargos.

E-Fix Credit Solutions reserves a right to monitor your use of the App or activities on the Site and Services. If we find that you are involved in unlawful/unauthorized activities or otherwise breach this agreement, we may suspend or terminate your account on the App to prevent any further use of our Site and Services, and disclose any record, communication, personal identity, information or content to the relevant authorities/third parties in our sole discretion.

Copyrights and Trademarks

The App, its content, features, and functionality, including the icons, logos, trademarks, service marks, texts, images, graphics, videos, audios, scripts, designs, descriptions, presentations, resources, services, service names, and contained intellectual property are exclusive or non-exclusive property of E-Fix Credit Solutions, fully protected under the copyrights and trademark laws of the United States and relevant international conventions. Copyrights © 2016 E-Fix Credit Solutions. All rights reserved.

You may install E-Fix Credit on your device and access/download any content made available on our Site and Services for personal and non-commercial use, including the educational series, business structuring plans, and other resources to manage money, use credit wisely, structure business credit, and build a strong financial foundation, but this limited license shall never grant you any rights, whether by implication, stopples, or otherwise, to our protected content on the Site and Services.

You shall never use ant tool or technique to copy, extract, systematically retrieve, edit, modify, alter, reproduce, redistribute, publish, sell, lease, or otherwise exploit any copyrighted content for commercial purposes, in whole or parts thereof, without proper authorization from E-Fix Credit Solutions or respective copyright owners, as the case may be. You are not allowed to edit, alter, or remove the logos, trademarks, copyrights, or other proprietary notices from the accessed or downloaded content.

Registration / Subscription

All users must register and create an account on the App to access our Site and Services. You may be required to submit your name, contact number, email address, business address, credit card number, and other details of your personal, business, or demographic profile for completing the registration process. Your registration request and/or purchase of any subscription or service shall be subject to screening and approval by E-Fix Credit Solutions. When you submit any information related to your personal, business, or financial profile to create an account on the App, use the Services, or otherwise improve your business credibility, it shall be deemed that submitted information is accurate, correct, complete, updated, and reliable.

You are not allowed to assign or authorize third parties outside of your business to access our Site and Services through your account on the App. Creating a fake or fabricated account or using our Site and Services to establish business credit or funding campaign for unlawful business entities or Ponzi Schemes shall be deemed as a material breach of this agreement. Your personal information, whether obtained through the registration process or other interactive features on the App, will be governed by our Privacy Policy. Please follow this link to review our Privacy Policy.

It shall be your responsibility to keep your login information secure and confidential. You shall be liable for activities on your account.

E-Fix Credit Solutions reserves a right to disable any username, password, or identifiers to prevent any further use of the App to access its Site and Services.

Pricing and Payment

All prices, promotions, paid services, exclusive deals, and offers on E-Fix Credit are subject to change at any time and at the sole discretion of E-Fix Credit Solutions.

E-Fix Credit Solutions reserves a right to add or remove any payment instrument from its Site and Services. You can use any payment instrument approved and available on the App to purchase the any paid services.

We hold a good faith that the users on the App will not use any stolen credit card or unauthorized payment instruments to purchase our paid services being offered on/through the App, but we reserve a right to collaborate with any e-commerce solution provider or payment processor to screen the validity of your payment instrument and process your transaction. E-Fix Credit Solutions reserves a right to refuse any transaction in its sole discretion.

It shall be your responsibility to ensure that your registered payment instrument on the App is valid and has sufficient funds to make your transaction. E-Fix Credit Solutions shall not be liable for any fees or penalties charged by your bank or credit card provider for services, insufficient funds, or exceeding your credit limits.

You shall be liable to pay all taxes, duties, levies, surcharges, or additional expenses that may be applicable to your transaction.

All transactions for purchasing or subscribing to any paid services being made available on/ through the App shall remain non-refundable.

Use of Site and Services

The App will enable you to access our Site and Services. All such access or use of our Site and Services shall be subject to your entire agreement with E-Fix Credit Solutions and the applicable laws. Please acknowledge that our Site and Services, including the credit monitoring, credit counseling, personal or business credit structuring and related services or business solutions are being provided in good faith and for information purposes only. We do not provide any guarantee that by using our Site and Services you will actually improve your personal or business credit. Please apply your prudence and consult licensed professionals before relying on any credit counseling or business structuring services being offered or made available on/through the App.

Your use of third party services on/through the App is subject to the terms and conditions of the respective service providers. E-Fix Credit Solutions shall never be a party to your business relationship with such third parties.

If any dispute arises with such third parties, you shall resolve your disputes by directly negotiating with the respective service providers. E-Fix Credit Solutions will have no obligations to extend any support to help you resolve your disputes with such third parties. E-Fix Credit Solutions reserve a right to add, remove, change, modify, suspend, or permanently remove any feature or functionality on the App or its Site and Services. We do not claim that any credit counseling or business solution will remain available / accessible on the App in the future.

User Submissions

You may use the App to access blogs, forums, social media, or other publicly accessible areas of our Site and Services. When you post, share, or otherwise transmit any content through the App, including but not limited to your personal or business profile, financials, business credit structure plans, and related views, reviews, queries, concerns, comments, feedbacks, suggestions, recommendations, or other information (collectively User Submissions), it shall be deemed that you own the content or have all the rights and authorizations to post, share, or transmit such User Submissions.

Posting, sharing, or transmitting any content on/through the App in violation of third party copyrights, trademarks, trade secrets, patent, or intellectual property shall be strictly prohibited and deemed as a material breach of this agreement. You shall be solely liable for what you post, share, or transmit on/through the App, including the liabilities from any infringement of third party rights.

E-Fix Credit Solutions shall be entitled to a non-exclusive, perpetual, irrevocable, sublicensable, royalty-free and worldwide right to User Submissions that are posted, shared, or transmitted on/through the App. You shall ensure that you have all the rights and authority to grant this license and entitle E-Fix Credit Solutions to adapt, modify, duplicate, reproduce, translate, transmit, display, publish, distribute, share, or use your submitted content in any media or manner to promote its business.

All your queries, concerns, ideas, suggestions, feedback, and other publicly shared business structuring plans or information (collectively Feedback) shall be deemed as non-confidential information. E-Fix Credit Solutions reserves a right to use or disseminate this non-confidential information for commercial or non-commercial purposes, without any obligations to ask your permission, send a prior notification, or pay any compensation for using your Feedback or contained intellectual properties.

E-Fix Credit Solutions shall not be liable for any damages, liabilities, costs, or consequences that may arise in relation to any User Submission posted, shared, or otherwise transmitted through the App regardless of its derogatory, offensive, misleading, inaccurate, untrue, fraudulent, or inappropriate nature. We reserve a right to refuse, modify, or remove any User Submission from our Site and Services, but such corrective measures will take place only when we become aware of any infringing, unlawful, inappropriate, or otherwise objectionable content posted, shared, or transmitted on/through the App.

Prohibited Activities

The App shall be available for accessing/using our Site and Services for lawful purposes only. Posting, sharing, or otherwise transmitting any kinds of infringing, derogatory, or offensive content, or engaging in unlawful activities on/through the App shall be strictly prohibited. Using the App to access our Site and Services shall be deemed that you will never:

• Use the Services to set up, establish, or structure business credit of any organization or entity that promotes terrorist ideology or deals in prohibited products, services, or content.
           • Use our Site and Services to transmit anonymous messages in any form or manner.
           • Try to structure business credit of any fake, fabricated, or impersonated entity, or systematically extract our educational materials, resources, database, compilations, or other content that you are otherwise not allowed to.
           • Make phishing attempts to gain access to personal identity or information of other users, or trick any user to follow links to malicious or attacking pages.
           • Abuse any feature, service, system tool, application, or content, or do anything to disobey or circumvent the safety/security features on our Site and Services or the connected networks.
           • Post, share, or transmit any content that is infringing, defamatory, offensive, disturbing, vulgar, obscene, profane, sexually explicit, or otherwise objectionable, as determined by E-Fix Credit Solutions.

Termination

E-Fix Credit Solutions may restrict, suspend, or terminate your account on the App and prevent any further use of its Site and Services in its sole discretion. You may also discontinue the Services and remove the App from your device at any time, but such terminations of this Agreement will never affect your pending obligations under this agreement. You shall be liable to fully discharge your financial obligations in relation to your use of the Services or other acts and omissions on the App.

No claims, compensations, or refunds shall be admissible on the grounds that your account on the App was restricted, suspended, or terminated without any prior notification.

Indemnification

You shall indemnify and defend E-Fix Credit Solutions, its parent, partners, subsidiaries, service providers, affiliates, assignees, and each of their directors, officers, employees, assignees, successors, and representatives (the indemnified parties), holding them harmless from all damages, liabilities, claims, demands, actions, causes of action, suits, proceedings, costs, and expenses, including the legal fees and administrative expenses that may be incurred by any of the indemnified parties in relation to:

• Your use of the App to access or use our Site and Services.
           • Your violation of this Agreement or non-compliance with the applicable laws.
           • Your infringement of third party rights, including their copyrights, trademarks, intellectual property, patents, trade secrets, or rights of privacy or publicity.
           • Your submitted content on/through the App, including but not limited to any illicit, defamatory, offensive, or otherwise objectionable content posted, shared, or transmitted through our Site and Services.
           • Any breach of your warranties, undertakings, representations, covenants, or obligations under this agreement or resulting from your use of the Site and Services.
           • Your acts and omissions on the App, including but not limited to misrepresentations, fake accounts, multiple accounts, multiple users, or unauthorized activities on E-Fix Credit.

The provisions of this section shall survive any termination of this agreement. E-Fix Credit Solutions shall be entitled to assume the exclusive defense of any subject matter under your indemnification and receive full reimbursement of its reasonable expenses incurred in asserting available defenses or rectifying the damages.

Disclaimer of Warranties

E-Fix Credit Solutions disclaims all warranties, undertakings, assurances, or representations to the maximum extent permissible under the applicable laws. The App and related services, including but not limited to credit monitoring, credit counseling, and building business credibility are being offered as-is and as-available basis, without any warranties, whatsoever. You shall use the App at your own risks and discretion.

We do not claim that credit monitoring, credit counseling, business credibility building, or related services and content, including any views, reviews, testimonials, advice, suggestions, recommendations, information, or guidelines will be accurate, authentic, reliable, relevant, correct, complete, timely, or available when you need it.

We do not claim that Pricing Information or accessed content on/through the App, including the Site and Services will be free from errors, omissions, viruses, infringements, or interruptions, and any or all such occurrences will be restored immediately.

We hereby disclaim any such express or implied warranty of accuracy, security, reliability, authenticity, availability, merchantability, non-infringement, fitness for a particular purpose, or suitability of the App as per your needs, preferences, or expectations.

Featuring third party logos, trademarks, service marks or content on the App does not mean that we are affiliated with or sponsoring any independent business entity or service provider that may help you learn how to manage money, use credit wisely, or properly structure a business.

Limitation of Liabilities

E-Fix Credit Solutions shall not be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including any loss of potential or actual business, revenue, cost savings, profits, credibility, goodwill, peace of mind, or other intangible damages that may arise in relation to:

• Your use of the App to access or use our Site and Services.
           • Unauthorized access or misuse of your personal identity and information on the App.
           • Purchase or use of any third party product or service being featured/promoted on the App.
           • Escalated cost of using substitute services to establish or restructure your personal or business credit.
           • Any damage to person or property, including but not limited to improper financials, poor credit rating, financial insecurity, loss of business, or bankruptcy due to such credit counseling.
           • Statements or activities of other users, independent business entities, financial service providers, or other third party credit experts, including any infringement of third party rights, or inconsistencies in the educational series or resources to build a strong financial foundation.
           • Any disruption, interruption, suspension, or termination of the App due to technical problems, maintenance requirements, non-performance of service providers, unforeseen circumstances, or change in the Services.
           • Any other matter related to your use of our Site and Services on/through the App, irrespective of the fact that such liabilities occur due to any negligence of duty, misrepresentation, torts, non-performance, interruptions, unauthorized access, loss of data, errors, omissions, or breach of statutory responsibilities by E-Fix Credit Solutions, and the possibility of such liabilities was already conveyed to it. The limitation of liabilities will apply to the extent permitted in your jurisdiction. In case EFix Credit Solutions has to bear any liability, the total liability for any such non-performance, negligence of duty, misrepresentation, tort, breach of contract, restitution, or otherwise, shall never exceed the amount that you paid for purchasing any product or service being offered on/through the App or the maximum amount permitted under the applicable laws governing this agreement, whichever is less.

Links to Third Party Services

E-Fix Credit may contain links or ads to third party websites, services, or content. E-Fix Credit Solutions does not endorse or recommend any product, service, or content being offered or made available by third party websites and shall not be liable for any damages, liabilities, claims, or consequences that may arise in relation to your access, reliance, or use of third party websites or any product, service or content offered on such linked websites.

Miscellaneous

Please acknowledge that the third party services on the App shall be subject to the terms and conditions of the respective service providers. Using any third party service on/through E-Fix Credit shall be deemed as your explicit consent to the terms and conditions of the respective third party.

The users, affiliates, service providers, or other third parties on the App shall be deemed as independent business entities. Such independent business entities are not authorized to enter a binding agreement or create/assume any obligations on behalf of another party. E-Fix Credit Solutions shall never be a party to your personal, social, or business relationship with such independent third parties.

E-Fix Credit Solutions shall be entitled to assign its rights, duties, and obligations to any service provider or third party business entity, and collaborate with them to deliver the Services being offered or made available on/through the App.

This Agreement will be binding and inure to your successors, assignees, beneficiary, and legal representatives. Unless otherwise permitted by E-Fix Credit Solutions, the Agreement will remain non-transferable and you will not be allowed to assign, transfer, convey, or encumber your rights, duties, and obligations under this agreement. We may withhold such requests in our sole discretion.

Applicable Laws

These terms of use shall be governed and construed by the laws of the State of California without any regard to the conflict of laws. The parties shall consent to the non-exclusive jurisdiction of the courts in San Francisco, California with regards to all matters that may not be amicably resolved through mutual negotiations.

If any provision of this Agreement is declared void or becomes unenforceable due to any reasons, the affected provisions shall be severed to the extent of such unenforceability and remaining Agreement shall continue to be binding and enforceable.

If E-Fix Credit Solutions is unable to enforce this Agreement or ignores your non-compliance, it shall never be deemed as a waiver of its legal rights and remedies with respect your subsequent non-compliance or breach of this Agreement.

Changes to this Agreement

E-Fix Credit Solutions reserves a right to modify or replace this ‘Terms of Use’ at any time and in its sole discretion. Continued use of the Services after such modifications shall be deemed as your consent to accept and abide by the modified Terms of Use.