Terms & Conditions
CONDITIONS OF MEMBERSHIP
Members agree to participate regularly in educational offerings and are expected to conduct their business
in accordance with the highest professional standards. Members will only be allowed to use the FORCE logo and name in accordance with Company guidelines. The Company reserves the right to terminate its relationship
with members at any time. Members whose memberships have been terminated for any reason are not eligible for
reinstated membership for a period of 18 months.
Payments will be due on the 5th of each month. Payment will be made by a valid credit or debit card unless other arrangements are made. Membership fees will not be increased more than 10 percent per year.
We will encourage feedback from lenders, servicers, and/ or asset management companies regarding our members. Any Member for whom we receive any complaints will be required to file a written response within 14 days and may be terminated should they fail to submit a written response.
All communications in connection with your Agreement shall be in writing and may be given by fax or mail to the recipient at the address set out in this agreement.
Confidential information (CI) is any information disclosed by one party to the other or disclosed to a party by third parties on the direction of the party who is a cosigner to the agreement. CI cannot be used for commercial or other beneficial purposes. The receiving party cannot disclose CI to anyone other than employees required to be privy to CI who must also sign a similar agreement. The receiving party cannot use CI to build any prototypes or other tangible objects that violate confidentiality. No copies can be made of CI unless previously agreed upon. If CI is disclosed, the receiving party must immediately inform
the disclosing party. The disclosure of CI does not make either party obligatory of any transaction. All CI provided by the disclosing party is as-is and without warranty to the accuracy of the same. The receiving party must return all documents and copies of CI to the disclosing party at the agreement’s termination. Signing this agreement does not give either party the patent, mask work, or copyright of CI. Your agreement is valid for one year from the date on which CI is disclosed. The agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. It cannot be amended, nor any obligation waived, except by a writing signed by both parties.
COMPANY PROPERTY AND FEEDBACK
All right, title, and interest in and to Five Star FORCE Content and Services are and will remain the exclusive property of the Company.
Neither the Five Star FORCE, nor any of its agents or employees, are in any way guaranteeing any financial or professional results as a result of Membership in the Five Star FORCE.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of Content, Files and Services; (ii) your violation of your Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right.
LIMITATION OF LIABILITY
In no event will the Company be liable to the Member or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive, or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use content, files and/or services, or for any error or defect in the content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not the company has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the company and you.
In the event that any provision of your Agreement is held to be invalid or unenforceable, the remaining provisions of your Agreement will remain in full force and effect.
The failure of Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
CONTROLLING LAW AND JURISDICTION
These Terms of Service and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions.
Your Agreement is the exclusive agreement between Company and you regarding the Five Star FORCE. Your Agreement supersedes and replaces any prior agreements between Company and you regarding the Five Star FORCE.