1. WEBSITE TERMS AND CONDITIONS OF USE
a) The website under www.cwc.cash and the services available on and through the Website (Services) are being offered by Cashbay Working Capital, LLC (CWC). The Services being offered includes, Real Estate Buyer Referrals. To access those services, you will need to become a registered user as explained below.
b) These CWC.cash Website Terms and Conditions of Use (Terms) are our terms of service that govern our relationship with you. Please read these Terms carefully before using the Website.
c) By clicking a box that states you agree to these Terms during the registration process, you acknowledge that you have read and agreed to be bound by and comply with these Terms. You also acknowledge that these Terms constitute a binding agreement between you and us. If you do not agree to be bound by these Terms, please do not access or use the Website.
d) We may amend the Terms from time to time at our sole discretion. Amendments will be effective immediately upon publication on the Website. Your continued use of the Website following amendments to the Terms constitutes your acceptance of the amended Terms.
e) Registration and participation on the Website is restricted to persons over 18 years of age.
f) By registering on the Website, or accessing or using the Website, you represent and warrant to us that you are over 18 years of age, and that you have authority to enter into this agreement with us on the Terms.
2. Registration and account security
a) In order to access the functionality or information contained on this Website, you will need to become a registered user by setting up a personal account on the Website (Personal Account).
b) To become a registered user and create a Personal Account, you must complete your registration details in the manner described on the Website.
c) At registration, you will also be required to select a user name, which will be the personal identifier displayed on the Website. We reserve the right to refuse or remove any user name for any reason (if we receive a complaint about the user name or if the user name is already in use).
d) You must not create a Personal Account for anyone other than yourself without permission. You must not misrepresent (or attempt to misrepresent) your identity while using the Website. You must provide complete, current and accurate information to us during the registration process. By registering, you represent and warrant to us that the information that you are providing to us is complete, current and accurate. You must keep your personal and contact information accurate and up-to-date.
e) Maintaining the security of your Personal Account is important to us. You agree that you will maintain the confidentiality of your Personal Account (including password), and you will not allow or authorize any other person to use your Personal Account.
f) You must not access or attempt to access the Personal Account of any other user of the Website.
g) We reserve the right to terminate your registration at any time if we believe in our sole discretion that you have breached any of these Terms.
3. User declarations
a) The following section is provided for a clear understanding of the expectations we expect you to meet when using the Website and participating in CWC.cash Coaching. You are expected to comply with all requirements set out in this section for the duration of your use of the Website. If we consider that you are not complying with these requirements, we may terminate your registration.
b) You agree that you will only access and use the Website in accordance with all applicable laws.
c) You agree to comply with the CWC.cash Code of Ethics.
d) You agree that you must not use the Website in a manner that:
is contrary to any law or which may encourage a person to act in a way which is contrary to any law;
may result in damage to the Website or any property or equipment of ours or our contractors or agents (including by uploading viruses or other harmful code);
is disruptive to the learning of others or that may restrict, disrupt or inhibit any other user from using or enjoying the Site;
Endangers the health or safety of any person; or may cause interference to any business conducted by us.
e) You must obey any lawful instruction that we give you in the course of you using the Website.
f) You must not collect the content of other users of the Website, or access the Website using automated means.
g) You must not impersonate any person (including a staff member of us) or hold yourself out as having authority to act on behalf of us.
4. Intellectual property rights
a) Before sharing any content or information on the Website, please ensure that you have the right to do so. You must not use or reproduce any material which is protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials.
b) You are responsible for all of the content and information that you post on the Website (User Content). You grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use the User Content for any lawful purpose. You represent and warrant to us that you own or have the right to use and reproduce (and license to us) all User Content that you post on the Website.
c) Unless we notify you otherwise in writing, you are not authorized to use any of our trade marks, or the trademarks of any Education Provider.
d) We do not accept responsibility for material linked to or otherwise accessible through the Website. We do not review independent websites or control their content, but merely provides these links to you for your convenience. These links are not an endorsement of the products, services, or information provided by such websites. Further, the inclusion of these links to other sites does not imply that the owners or operators of those other websites have given permission for inclusion of these links, or that there is any relationship between us and the linked websites. You acknowledge that you use the links on the Website at your own risk.
e) All content and other materials available on the Website are owned by or licensed to us and are protected by Australian intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the Website and in materials accessed through the Website. We grant you a non-exclusive, non-transferable license to access and use the Websites for personal, educational and non-commercial use as permitted by these Terms.
f) You must not modify, copy, reproduce, republish, or display any content from the Website and represent it as your own (including by framing pages from the Website), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Website or expressly authorized in writing by us and, where relevant, any third party owner or rights holder.
5. Posting on the Website
a) You acknowledge and agree that all User Content (including your screen name) that (subject to any privacy controls as may be offered on the Website and that you may select from time to time) you post to the Website will be publicly available. Publicly available content may be viewed by other users of the Website, and may also show up on public search engines such as Google and yahoo.
b) The Website includes forums containing the personal opinions and expressions of persons who use the Website to post entries on a range of topics. Such opinions, expressions and other content published by users of the Website may not be screened, moderated or reviewed by us and, in no circumstances, are approved or endorsed by us.
c) By posting to or viewing forums on the Website, you agree that we are not responsible or liable for the content of any postings.
d) You agree that you will not upload or post any of the following content (Prohibited Content) anywhere on the Site:
confidential information or other information that you do not have the right to disclose (whether under contractual obligation or otherwise);
content that may be misleading or deceptive;
advertising, marketing or promotional material, or other unauthorized commercial communications (such as spam);
content which you do not have the right to upload, post, email or otherwise transmit, such as content which is protected by copyright, patent, trademark, service mark or any other proprietary right (unless you have express, written permission from the owner and, where applicable, include appropriate acknowledgement);
material which contains a virus or other harmful (or potentially harmful) code;
content that defames, harasses, bullies or threatens others (this includes language which is lewd, aggressive, insulting, racist, sexually explicit, threatens bodily harm / death, general serious threat, planting statements to provoke third party stalking harassment);
content that discusses illegal activities with the intent to commit (or encourage others to commit) such illegal activities;
content that contains obscene or offensive language or images (such as pornography or nudity);
content that is unlawful;
Content that is otherwise harmful (or potentially harmful) to us or other users of the Website.
e) We reserve the right to remove any content (not only Prohibited Content) from a forum in our sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you that we have done so. You acknowledge that we do not screen or moderate all content posted on the Website by users.
f) You must not alter damage or delete any content on the Website of which you are not the author, unless you have express permission from the author to do so.
a) Your privacy is very important to us.
e) Please refer to ‘How do we use your information’ for further information about what we do with the information that we collect about you.
7. Disclaimers and limitations of liability
a) The Website and the Services are provided at ‘as is’ basis. You acknowledge and agree that any access to or use of the Website (including undertaking the CWC.cash Coaching) is at your own risk.
b) We do not make any representations or warranties about the availability, functionality or performance of the Website or the Services or the accuracy, completeness or currency of any of the content or data accessible through the Website.
c) To the maximum extent permitted by law, we exclude all conditions and warranties (express or implied) in relation to the Website and the Services, including all implied conditions and warranties of merchantability, satisfactory quality, fitness for any particular purpose and non infringement, except for any condition or warranty implied by law, the exclusion of which would contravene any statute or cause any part of this term to be void (non excludable condition). Our liability for a non excludable condition is limited, at our option, refunding the price of the goods or services in respect of which the breach occurred or providing, replacing or repairing those goods or providing those services again.
d) In no circumstances will we be liable to you for indirect, consequential or special damages, including loss of revenue or anticipated profits, loss of goodwill, loss of business or loss of data.
e) Except as stated in these Terms and to the maximum extent permitted by law, we exclude all liability, whether in contract, tort (including negligence) or under statute, arising from or connected with these Terms or the operation or use of the Website or the Services. Our maximum aggregate liability to you arising from or connected with these Terms or the operation or use of the Website or the Services that is not already limited under this section will not exceed $100.00 in the aggregate.
f) We are not responsible for the conduct, actions or information of any user of the Website or any other third party, and you release us from any liability or claim you may have against such persons.
g) You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with your actions in accessing or using the Website or the Services or your User Content.
a) We may terminate these Terms and stop providing the Website and the Services to you at any time for any reason in our sole discretion. Clauses 5.2, 7, 8 and this clause 9 survive the termination of these Terms and may be enforced by us at any time.
b) The Terms make up the entire agreement between us regarding the Website, and supersedes any prior agreements.
c) The Website is managed by Cashbay Working Capital, LLC located in Hempstead, NY. You agree that any matter or dispute arising out of or in connection with these Terms or the Website (including any content posted on the Website) will be governed by the laws of Hempstead, NY. You consent to the exclusive jurisdiction and venue of the courts of Hempstead, NY to determine any such dispute.
d) If any part of the Terms is found to be unenforceable, the remaining parts will remain in full force and effect.
e) If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
f) You will not transfer any of your rights and obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us.
g) Nothing in these Terms will prevent us from complying with any law.
h) You must comply with all applicable laws when using or accessing the Website.
i) If we consider that you have breached any of the Terms, and the breach justifies it, we may undertake our own investigations and inform relevant law enforcement agencies.
j) Without limiting any other term in these Terms, we may at any time in our discretion (and without notice):
alter or withdraw any functionality on the Website;
withdraw or suspend your access to all or any part of the Website, or to your Personal Account;
monitor your use of the Website;
subject to any applicable laws, treat any User Content as non-confidential and non-proprietary; or edit or remove any User Content
a) If you have any questions or complaints regarding the Website or the Services (or any issue connected with them) please let us know using the methods available from time to time on the Website (including through the community forums).
b) If you see something on the Website that you believe breaches these Terms, you should let us know by flagging the content. Please note that reporting content does not guarantee that it will be removed from the Website.
10. CANCELLATION NOTICE
You may cancel this contract with Cashbay Working Capital, LLC without any penalty or obligation, at any time before midnight on the 5th day, which begins after the date the contract is signed by you. In addition, client may cancel any/all services upon notice to Cashbay Working Capital, LLC with no further financial obligation on the date of cancellation. However, we conduct our billing in arrears, which means you the client are being billed each month for the work that is done for the prior month while you are enrolled in the program.
Cashbay Working Capital, LLC will work with two types of Referral Services:
a. Commencing as of the Effective Date of this Agreement and continuing in effect until this Agreement is terminated by either party by providing the other at least five (5) days prior written notice: Users may, refer to Company certain clients (hereinafter referred to as “Referred Buyers and Referred Sellers”). Subject to User’s compliance with the remaining provisions of this Website and Agreement in each case, and subject to the Company’s acceptance of such Referred Clients, Company agrees to compensate User as described on the Statistics page of this website.
b. This Referral Agreement (this “Agreement”) is made effective as described below (the “Effective Date”) by and between Cashbay Working Capital LLC with offices at 250 Fulton Ave. Suite 212, Hempstead NY 11550 (“CWC”) and the person, company or organization logged in into this website (“Seller”).
IN CONSIDERATION OF the mutual promises and covenants hereinafter contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1) Subject to the terms and conditions of the Agreement, CWC may refer potential buyers (“Potential Buyers”) to Seller. CWC shall direct Potential Buyers to call Seller via Seller’s listed phone number displayed on property and record such conversation to prove Potential Buyer Interest on Property.
2) Seller shall have the option to qualify Potential Buyer to enter into a purchase agreement. In the event Potential Buyer, for any reason fail to meet the qualifications for purchase agreement, Seller shall have no obligation to CWC under this Agreement or otherwise with respect to such Potential Buyer.
3) If (a) such Potential Buyer has (i) not previously entered into an agreement with Seller; (II) not previously been referred or introduced to Seller in writing by any other person; and (III) not previously been documented as a Buyer (as defined below); and (b) Seller enters into an agreement with any such Potential Buyer, upon such terms and conditions acceptable solely to Seller and such Potential Buyer, within sixty (60) days of such Potential Buyer being referred to Seller by CWC, such Potential Buyer shall be considered a “Buyer” for purposes of this Agreement and Seller shall pay a fee to CWC as set forth below in Section 2.
4) In the event a referral of a Potential Buyer is disputed among one or more Referrals, finders or other persons, Seller alone shall determine which party, based solely upon who first provided it with written notice of such Potential Buyer, is entitled to a fee, if any, with respect to such Potential Buyer.
5) Client agrees to compensate CWC as described on the pricing page on this website.
12. Acting as Finder Only: Non-Exclusivity
a. It is understood that CWC is acting as a finder only and shall have no authority to enter into any agreements, obligations or commitments on Clients behalf, or to negotiate the terms of Potential Buyers’ agreements with Buyers. Client hereby agrees to indemnify, defend, and hold CWC harmless from any claims, actions, lawsuits, damages, awards or judgments arising out of any such agreements, obligations, or commitments undertaken by Referral or the breach thereof.
b. Clients acknowledges that CWC may enter into referral agreements or similar arrangements with other parties and that Clients shall have no rights under such agreements or to any fees for customers referred to CWC by others or identified by CWC itself.
Referral and CWC expressly intending that no employment, partnership, or joint venture relationship is created by this Agreement, hereby agrees as follows:
(i) neither Client, Referral nor anyone employed by or acting for or on behalf of Client, Referral shall ever be construed as an employee of CWC and CWC shall not be liable for employment taxes respecting Clients, Referral or any employee of Referral;
(ii) Referral shall not make any commitment or incur any charge or expense in the name of CWC without the prior written approval of CWC;
(iii) Clients, Referral expressly acknowledges and agrees that except to the extent expressly provided herein, neither Clients, Referral nor anyone employed by or acting on behalf of Clients, Referral shall receive or be entitled to any consideration, compensation or benefits of any kind from CWC.
Each party shall indemnify, defend and hold the other party (and all officers, directors, employees, Referrals, and affiliates thereof) harmless from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities costs and expenses (including without limitation interest, penalties, and attorney’s fees and disbursements) which may at any time be suffered or incurred by, or be assessed against, any and all of them, directly or indirectly, on account of or in connection with:
(i) such party’s default under any provision herein, breach of any representation or warranty herein, or failure in any way to perform obligations hereunder;
(ii) negligent acts or omissions or willful misconduct of such party or its employees, Referrals, contractors or invitees.
Under no circumstances shall either party be liable for any indirect, incidental, economic, special, punitive or consequential damages, whether for breach of contract, negligence or under any other cause of action, that result from the relationship or the conduct of business contemplated herein.
a. Entire Agreement: This Agreement constitutes the sole and entire understanding between the parties with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. This Agreement supersedes all prior communications or agreements written or oral, and is intended as a complete and exclusive statement of the terms of the Agreement between the parties.
b. Notice: All notices given and requests made hereunder must be sent in writing and must be delivered or sent either by nationally recognized overnight courier or registered or certified United States mail, return receipt requested, postage prepaid. All notices to either party shall be delivered to their respective addresses listed above. The parties may change their address by notice delivered to the other party. Any notice or request sent by registered or certified United States mail, return receipt requested, postage prepaid shall be deemed given on the date of receipt or refusal as indicated on the return receipt. Any notice or request sent by overnight courier service shall be deemed given on the date of receipt or refusal of the same.
c. Confidentiality: Clients, Referral acknowledges that by reason of its relationship to CWC hereunder, it may have access to certain information and material concerning CWC’s business, plans, customers, technology and products that are confidential and of substantial Referral Agent Agreement value to CWC, which value would be impaired if such information were disclosed to third parties. Referral agrees that it will not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by CWC. In the event of termination of this Agreement, there shall be no use or disclosure by Referral of CWC and disclosure by Referral of any confidential information of CWC and any materials related to CWC shall be immediately returned to CWC. Referral acknowledges that the provisions of this Section are reasonable and necessary for the protection of CWC and that CWC will be irrevocably damaged if such covenants are not specifically enforced. Accordingly, Referral agrees that, in addition
to any other relief to which CWC may be entitled in the form of actual or punitive damages, CWC shall be entitled to seek and obtain injunctive relief from an arbitration panel or a court of competent jurisdiction for the purposes of restraining Referral from any actual or threatened breach of such provision. The terms of the Section shall survive termination of this Agreement.
d. Representations, Warranties and Covenants: Referral represents, warrants and covenants to CWC that at the Effective Date and continuing for the term of this Agreement that neither the execution and delivery of this Agreement nor the sale of CWC services in accordance with the terms of this Agreement violates or will violate the provisions or obligations of any other agreements to which Referral is a party or by which it is bound.
e. Successor and Assigns: Except as otherwise expressly provided in this Agreement, the obligations under this Agreement shall bind and benefit the successors and assigns of the parties hereto, Referral shall not assign this agreement without the prior written consent of CWC.
f. Governing Law: The laws of the State of Florida shall govern this Agreement without giving effect to the choice of laws provisions thereof. Referral agrees to submit to the jurisdiction of the state or federal courts of Florida.
g. Authority: If either party is a corporation or limited liability company, each person executing this Agreement on behalf of such party hereby covenants, represents and warrants that such party is duly formed or duly qualified and that each person executing this Agreement on behalf of such a party is an officer or member of such party and is duly authorized or execute, acknowledge and deliver the Agreement to the other party.
h. Counterparts: This Agreement may be executed in one or more counterparts and facsimile signatures shall be sufficient to indicate acceptance by the parties, each of which shall be an original and all of which shall constitute one and the same instrument named below.
IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed by
its duly authorized representative on the date set forth at joining above.