Brokers, clients, and affiliates submitting applications, seeking consultations and/or registering for an account must agree to the following terms & conditions. This and the Broker or Client Agreement must be acknowledged and signed by an authorized agent of said such individual(s) or firm(s), and be in the possession of INFINITUM, INC. prior to the disbursement of commissions or commencement of any other transaction.
1. WARRANTIES AND COVENANTS
All applications submitted by a Broker, Client, and/or Affiliate to INFINITUM, INC. will be considered clients of INFINITUM, INC. Applications canceled by INFINITUM, INC. or by the Broker by deed or action reverts the client to consumer direct status, making Broker, Client, and/or Affiliate ineligible for compensation from or through INFINITUM, INC. Broker, Client, and/or Affiliate warrants that all file documentation submitted to INFINITUM, INC. has NOT been altered in any way, including but not limited to, credit information and financial statements. INFINITUM, INC. or Broker, Client, and/or Affiliate will NOT represent themselves as an Agent or Employee of the other.
Compensation to INFINITUM, INC. will be determined by the service rendered and shall be written in the Broker Agreement, signed by Broker, Client, and/or Affiliate before any service will be commenced, rendered, and/or implemented. Broker, Client, and/or Affiliate is responsible for remittance of payment immediately upon closing, funding, or termination of agreement to INFINITUM, INC. Broker, Client, and/or Affiliate is responsible for all commissions, fees, and costs incurred for services rendered for a successful transaction or as the result of an agreement termination.
Both parties agree that INFINITUM, INC. or Broker, Client, and/or Affiliate will NOT circumvent, avoid, or bypass the other in the attempt to avoid payment of fees or commissions by means of a third party. INFINITUM, INC. or Broker, Client, and/or Affiliate will NOT market
to or solicit clients of the other, with the exception of cancellation by deed or action.
4. TERM OF AGREEMENT
This agreement shall remain in effect until either party terminates. Termination will be effective upon written receipt by either party. Termination of this agreement by Broker, Client, and/or Affiliate does not relieve Broker, Client, and/or Affiliate of its obligation set forth herein relating to funded loans and compensation due to INFINITUM, INC.
5. REPURCHASE AND REPAYMENT
Repurchase will be required if INFINITUM, INC. determines, at any time, that any representation made by Broker, Client, and/or Affiliate with respect to any INFINITUM, INC.
application submitted by Broker, Client, and/or Affiliate was untrue when made, or would be construed as fraud on the part of the Broker, Client, and/or Affiliate. INFINITUM, INC. must receive all repayments immediately or within 10 days from formal demand.
6. CANCELLATION BY DEED OR ACTION
Both parties agree that "Cancellation by Deed or Action" shall include, but not limited to, the following circumstances: 1) No written contact (and/or verbal where/when necessary) from Broker, Client, and/or Affiliate 21 days from issuance of client approval, 2) Expiration of Approval, and/or 3) Broker, Client, and/or Affiliate cancels loan in writing. Upon “Cancellation by Deed or Action,” Broker, Client, and/or Affiliate is responsible for all fees and costs incurred. Remittance of payment must be immediate or within 10 days of the date of such cancellation.
Fee for cancellation after Broker Agreement is signed will be $750.00 plus any costs incurred for third party services, payable to INFINITUM, INC.
7. JURISDICTION AND ARBITRATION
This Agreement shall be governed in accordance of the laws of States of FLORIDA, HAWAII, or MARYLAND. If any part of this Agreement is found to be unenforceable, all other terms of this Agreement will remain in effect until the Agreement is terminated. Any controversy or claim arising from a breach of this Agreement shall be submitted for Arbitration under the laws of the States of FLORIDA, HAWAII, or MARYLAND.
Broker, Client, and/or Affiliate agrees to indemnify and forever save INFINITUM, INC. harmless from any and all losses, harms, expenses, costs (including reasonable attorney’s fees), liability, and damage resulting directly or indirectly from Broker, Client, and/or Affiliate’s breach of any of the foregoing warranties or covenants contained within this Agreement. You shall, at your own expense, indemnify, defend, and hold INFINITUM, INC. and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including
reasonable attorneys' fees), arising out of or related to a third - party claim, action or allegation (a) related in any way to a transaction or dispute between you and another Member or between you and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for INFINITUM, INC. to remove or disable access to any Member Content in or on the Site. You shall not enter into a settlement of the foregoing without INFINITUM, INC.'s prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from INFINITUM, INC.
9. REGISTRATION AND MEMBER INFORMATION
Certain portions of the Site are only available to individuals and entities that have become registered members of INFINITUM, INC. as described in these Terms AND Conditions ("Members"). The services or materials available to Members may include services provided by2
INFINITUM, INC. and by third parties ("Associates"). To become a Member of INFINITUM, INC. you must submit a complete INFINITUM, INC. registration form. By submitting a registration form, you represent and warrant: (a) that you are 18 years of age or over, and (b) you personally are signing up as a Member, or that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; (c) the information on the registration form is current, complete, and accurate; and (d) you are not a competitor or working for a competitor of INFINITUM, INC. Member must update registration information to ensure that it continues to be current, complete, and accurate. INFINITUM, INC. reserves the right to accept or reject Member registrations. Upon acceptance of Member's registration form, a password will be generated for or chosen by Member.
10. USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username(s) and password(s). You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password(s) or Username(s) assigned to you, or any breach of security through your Member's account, then you shall notify INFINITUM, INC. immediately in writing and send the information to your local office or representative.
11. LIMITED COPYRIGHT LICENSE
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws. Any unauthorized use of the Materials or Services on this Site may violate such laws. Except as expressly provided herein, INFINITUM, INC. and its suppliers do not grant any express or implied right to you
under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, NO portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of INFINITUM, INC.
12. USE OF MEMBER INFORMATION
related to protection of personal data, whether in equity, law, contract, or otherwise. You hereby waive any and all such claims or rights of action, whether foreseen or unforeseen, so long as
13. LINKS TO OTHER INTERNET WEB SITES
This Site may contain links to third party Web sites that are not under the control of INFINITUM, INC. INFINITUM, INC. makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of INFINITUM, INC.’s Associates. When you access a non-INFINITUM, INC. Web site, you do so at your own risk and INFINITUM, INC. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites, for the quality of any products or services available on such sites, for any damage or loss caused or alleged to be
caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. INFINITUM, INC. provides these links merely as a convenience and the inclusion of such links does not imply that INFINITUM, INC. endorses or accepts any responsibility for the content or uses of such Web sites.
14. MEMBER OBLIGATIONS AND WARRANTIES
A Broker, Client, and/or Affiliate may use this Site in accordance with this Agreement. A Broker, Client, and/or Affiliate will undertake and warrant that the use of this Site by a Broker, Client, and/or Affiliate and the Member Content a Broker, Client, and/or Affiliate post on this Site, shall not: (a) be false, inaccurate or misleading, (b) be fraudulent or involve the sale of counterfeit or stolen items (c) be defamatory, libelous, obscene, excessively violent, scandalous, unlawfully threatening or unlawfully harassing, (d) contain viruses or other contaminating or destructive features, (e) violate the personal, proprietary, or intellectual property rights of any third party, or (f) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
A Member shall use INFINITUM, INC. only for the direct benefit of such Member's internal business operations, and shall not resell project management, hosting, or any other services on behalf of any third parties. With respect to information available on this Site, a Broker, Client, and/or Affiliate may (a) view that information, and (b) print that information for use in accordance with this Agreement, so long as those copies are distributed only to clients, and all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, a Broker, Client, and/or Affiliate shall not (a) reproduce or distribute any information available through this Site, electronically or otherwise, or (b) store or aggregate that information. A Broker, Client, and/or Affiliate shall not share, rent, or sublicense any of its rights under this Agreement to any other party.
By using this Site, a Broker, Client, and/or Affiliate acknowledge that, INFINITUM, INC. has no control over the quality, safety, legality or accuracy of Member Content, the ability of sellers to sell items or the ability of buyers to pay for items. INFINITUM, INC. cannot ensure that a Broker, Client, and/or Affiliate, Buyer, or Seller will actually complete a transaction. As a result, in the event that a Broker, Client, and/or Affiliate has a dispute with one or more Members, a Broker, Client, and/or Affiliate shall release INFINITUM, INC. and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected 4
with such disputes.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between a Broker, Client, and/or Affiliate and INFINITUM, INC. with respect to INFINITUM, INC. and its Site and supersedes all prior agreements or previous discussions (written or oral) between a Broker, Client, and/or Affiliate and INFINITUM, INC., subject to any specific agreement governing Services subscribed by a Broker, Client, and/or Affiliate through this Site. This Agreement may be modified only by a signed agreement, or as follows: INFINITUM, INC. may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If a Broker, Client, and/or Affiliate continues to use the Materials, Services, or Site, then a Broker, Client, and/or Affiliate will be considered to have accepted the modifications.
INFINITUM, INC. will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of INFINITUM, INC. including, without limitation, failure of third parties, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities. The parties agree that this Agreement shall be written in English only. INFINITUM, INC. in no way represents itself as securities dealers.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement signed by authorized representatives of a broker, client, and/or affiliate and INFINITUM, INC., all materials and services on this site are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, INFINITUM, INC. makes no warranty that: (a) the services and materials will meet a broker, client, and/or affiliate’s requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, (d) the quality of any products, services, or information purchased or obtained by a broker, client, and/or affiliate from this site will meet a broker, client, and/or affiliate’s expectations, and (e) any errors in the software obtained from the site will be corrected. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to a broker, client, and/or affiliate. To the extent permissible, any implied warranties that cannot, by law, be excluded are limited to thirty (30) days.
This site could include technical or other mistakes, inaccuracies or typographical errors as with any other site. INFINITUM, INC. may make changes to the materials and services at this site, including the prices and descriptions of any services and products listed herein, at any time without notice. The materials or services not of/from INFINITUM, INC. on this site may be out of date, and INFINITUM, INC. makes no commitment to update such materials or services.
INFINITUM, INC. assumes no responsibility for errors or omissions in the materials and/or
services or for information, materials, or services of third parties that are referenced by or linked to this site, including those of INFINITUM, INC.'s associates. References to other companies, their services and products, are provided "as is" and "as available" without warranty of any kind, either expressed or implied. In no event shall INFINITUM, INC. or its licensors or associates or suppliers be liable to a broker, client, and/or affiliate or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not INFINITUM, INC. has been advised of the possibility of such damages, or on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site, including those of INFINITUM, INC.'s associates. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to a broker, client, and/or affiliate.
The use of the services or the downloading or other acquisition of any materials from third parties through this site is done at a broker, client, and/or affiliate’s own discretion and risk. With a broker, client, and/or affiliate agreement, a broker, client, and/or affiliate will be solely responsible for any damage to a broker, client, and/or affiliate’s own computer system or loss of
data that results from such activities. No advice or information, whether oral or written, obtained by a broker, client, and/or affiliate from INFINITUM, INC. or through and/or from this site shall create any warranty not expressly stated in the terms and conditions or the broker or client agreement. Members acknowledge that the allocation of risk and the limitations of liabilities contained in this agreement is a material consideration for INFINITUM, INC. entering into this agreement.
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