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Terms & Conditions of Creditos123.com
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Please read this agreement ("Agreement") carefully before accessing or using this
Website ("Site").
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THIS AGREEMENT IS BETWEEN USER (hereinafter "User," "You," "Your") AND Creditos123
LLC, a Limited Liability Company, d.b.a. www.Creditos123.com. (hereafter "Creditos123,"
"Creditos123.com," "Website," "Company"). Creditos123 LLC 's services offered to
you, the "User," are conditioned on your acceptance without modification, of the
terms, conditions, and notices contained in this Agreement. Your use of Creditos123
LLC 's services constitutes your agreement to all such terms, conditions, and notices.
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DESCRIPTION OF THE SERVICE OFFERED
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Creditos123 LLC is a Website containing a computerized program which provides a
mechanism available via the Internet, pursuant to which consumers can obtain information
regarding lenders, mortgage brokers, and other financial services.
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The listing of companies on the Website, and/or your ability to "click-through"
to another website from the Website, or the forwarding of your information form
to a participating lender, mortgage broker or other third party, does not constitute
a referral. Information contained on the Website is provided for general informational
purposes. You may choose to use or not to use the information contained on the Website.
Creditos123 LLC does not recommend, refer, advise, or prefer individuals to use
any particular company. In all cases, you should make your own judgments as to which
service providers to use. The lender, mortgage broker, or other financial services
provider is solely responsible for its services to you, and you agree that the Company
shall not be liable for any damages or costs of any type arising out of or in any
way connected with your use of any lender or mortgage broker's services.
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Creditos123 LLC is not a financial services provider and does not make loans or
obtain your credit report. Creditos123 LLC does not make credit decisions in connection
with loans.
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By clicking the "Submit" icon you will be asked to complete an information form.
The information form you submit is NOT an application for credit, a loan, or other
financial service. It is a request to be contacted by one or more financial service
providers with information regarding financial services available in your area.
You will be required to complete an application for a loan directly with a lender
or mortgage broker and authorize them to obtain a copy of your credit report before
they will extend a loan offer to you. The Company does not guarantee that the loan
terms or rates offered and made available by participating lenders, mortgage brokers,
or other financial services providers will be the lowest rates available in the
market or will have the best terms. Nothing contained herein shall constitute an
offer or promise for a loan commitment or interest rate lock-in agreement.
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The Company does not charge you, the User, any fees for its services. The Company
receives its compensation from advertisers on the Website and from lenders, mortgage
brokers, and other financial services providers for goods, services and/or facilities
actually provided by the Company. The Company's compensation from lenders, mortgage
brokers, and other financial services providers varies according to quantity and
filtering requirements.
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ONCE YOU HAVE SUBMITTED THE FORM, THE INFORMATION CONTAINED ON THE FORM MAY BE FORWARDED
TO ONE OR MORE LENDERS, MORTGAGE BROKERS, OR OTHER FINANCIAL SERVICES PROVIDERS,
AND THOSE LENDERS, MORTGAGE BROKERS, OR OTHER FINANCIAL SERVICES PROVIDERS MAY CONTACT
YOU BY TELEPHONE, E-MAIL, OR VIA TEXT MESSAGE. BY SUBMITTING THE FORM, YOU ARE PROVIDING
YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS, E-MAILS, OR TEXT MESSAGES FROM
THESE LENDERS, MORTGAGE BROKERS, OR OTHER FINANCIAL SERVICES PROVIDERS EVEN IF YOUR
PHONE NUMBER AND/OR E-MAIL ADDRESS IS ON ANY OPT-OUT OR DO NOT CALL LIST.
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DO NOT SUBMIT THE FORM IF YOU DO NOT CONSENT TO BEING CALLED, E-MAILED, OR CONTACT
VIA TEXT MESSAGE BY THE LENDERS, MORTGAGE BROKERS, OR OTHER FINANCIAL SERVICES PROVIDERS
THAT OBTAIN YOUR INFORMATION.
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Your information form will be forwarded to one or more lenders, mortgage brokers,
and other financial services providers who will make certain disclosures to you.
However, the Company (and its participating lenders, mortgage brokers, and other
financial services provider) does not guarantee that any lenders, mortgage brokers,
and other financial services providers will contact you. Whether a lender, mortgage
broker, or other financial services provider contacts you is based upon a neutral
filtering process determined by the participating lenders, mortgage brokers, and
other financial services providers and administered by Creditos123 LLC.
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User promises that all of the information User has provided on the information form
is true and complete. User authorizes the Company to forward User's information
to its network of participating lenders, mortgage brokers, and other financial services
providers. User understands that these persons may keep User's information, whether
or not User completes a financial transaction with them.
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Nothing in the Website constitutes an offer, promise or otherwise, either to make
a specific loan to you or that any participating lenders, mortgage brokers, and
other financial services providers will make any loan for any purpose or on any
specific terms. All loan related decisions are made by the participating lenders,
mortgage brokers, and other financial services providers in the course of its normal
business operations, and any applicable loan offerings are made to qualified applicants
in separate loan and related documents which are required by applicable state and
federal laws of the United States of America. Loans may only be made to residents
of states where participating lenders, mortgage brokers, and other financial services
providers are licensed and/or authorized to make such loans or offer such financial
services. By acquiring your information through the Website, Creditos123 LLC or
its participating lenders, mortgage brokers, and other financial services providers
are not attempting to make loans or provide financial services outside their authorized
states or country.
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INFORMATION PROVIDED IS FOR EDUCATIONAL PURPOSES ONLY
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Independent providers unaffiliated with Creditos123 LLC have produced the material
available on these sites with us. Any opinions or recommendations expressed are
solely those of the independent providers and are not the opinions or recommendations
of except where specifically expressed. The information obtained by the independent
providers (the "information") is believed to be reliable. However, the timeliness,
sequence, accuracy, adequacy, or completeness of such information is not guaranteed.
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WARRANTIES AND LIMITATION OF LIABILITY
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You acknowledge and agree that you must: (a) provide for your own access to the
World Wide Web and pay any service fees associated with such access, and (b) provide
all equipment necessary for you to make such connection to the World Wide Web, including
a computer and modem. By using the Website, including any applets, software, and
content contained therein, you agree that use of the Website is entirely at your
own risk.
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THE WEBSITE, ITS USE AND THE SERVICES THAT THE WEBSITE PROVIDES IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE
COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY
IS AWARE OF THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR
AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
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NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER
THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THE WEBSITE, ITS USE AND/OR THE SERVICES THAT THE WEBSITE
PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS STOCKHOLDERS,
DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
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The information and services offered on this site are provided with the understanding
that Creditos123 LLC is not engaged in rendering legal or other professional services
or advice. Your use of the Site is subject to the additional disclaimers and caveats
that may appear throughout the Site.
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Creditos123 LLC and its agents assume no responsibility for any consequence relating
directly or indirectly to any action or inaction that you take based on the information,
services, or other material on this site. While Creditos123 LLC and its affiliates
strive to keep the information on this Site accurate, complete, and up-to-date,
Creditos123 LLC and its affiliates cannot guarantee, and will not be responsible
for any damage or loss related to, the accuracy, completeness, or timeliness of
the information.
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SECURITY POLICY
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Although Creditos123 LLC has taken reasonable and appropriate measures to ensure
that your personal information is delivered and disclosed only in accordance with
your instructions, Creditos123.com cannot and does not guarantee that the personal
information you provide will not be intercepted by others and decrypted. Please
review our Privacy Policy at www.creditos123.com/privacypolicy for more information
on what data we collect and how your information might be used.
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PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
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You may access, download, and print materials on this Site for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, frame in another web
page, use on any other website, transfer or sell any information, software, lists
of users, databases or other lists, products or services obtained from this Site.
The foregoing prohibition expressly includes, but is not limited to, the practices
of "screen scraping" or "database scraping" to obtain lists of users or other information.
If and when requested by Creditos123 LLC, you agree to provide true, accurate, and
complete user information and to refrain from impersonating or falsely representing
your affiliation with any person or entity. Except with the written permission of
Creditos123 LLC you agree to refrain from accessing or attempting to access password
protected, secure, or nonpublic areas of this Site. Unauthorized individuals attempting
to access prohibited areas of this Site may be subject to prosecution.
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ERRORS AND DELAYS
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Creditos123 LLC is not responsible for any errors or delays in responding to an
information form caused by an incorrect e-mail address provided by you or other
technical problems beyond our reasonable control.
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LIABILITY DISCLAIMER
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YOU USE THIS SITE AT YOUR OWN RISK.
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Creditos123 LLC intends that the information contained in its Website be accurate
and reliable; however, errors sometimes occur. In addition, changes and improvements
to the information provided herein may be made by Creditos123 LLC at any time. If
your use of this Site or the materials therein results in the need for servicing
or replacing property, material, equipment, or data, neither Creditos123 LLC d.b.a.
Creditos123.com nor its affiliates are responsible for those costs.
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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Creditos123 LLC D.B.A. CREDITOS123.COM, ITS AFFILIATES, AND/OR ITS RESPECTIVE
SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE
INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS, OR OTHER MATERIAL
AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. IN NO EVENT SHALL Creditos123 LLC D.B.A. CREDITOS123.COM,
ITS AFFILIATES, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
EVEN IF Creditos123 LLC D.B.A. CREDITOS123.COM, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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INDEMNIFICATION
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You agree to indemnify, defend, and hold harmless Creditos123 LLC d.b.a. Creditos123.com,
its affiliates, and suppliers from any liability, loss, claim, and expense (including
attorneys' reasonable fees) related to your violation of this Agreement.
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LINKS TO THIRD PARTY SITES
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Outside Links: While on this Website, you may be led to other websites operated
by parties other than Creditow123 LLC or its affiliates. Inclusion of hyperlinks
by Creditos123 LLC to websites does not imply any endorsement of the material on
such websites or any association with their operators, and your access and use such
sites, including information, material, products, and services therein, solely at
your own risk. We are not responsible for the quality or results or any product
or service provided by these companies. Review their products and services carefully.
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Furthermore, because the Creditos123 LLC privacy policy is applicable only when
you are on our Site, once linked to another website, you should read that site's
privacy policy before disclosing any personal information. Their own privacy policies
may be different than ours. We are not responsible for the use of the information
that you give these third parties.
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CHANGES TO AGREEMENT
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Creditos123 LLC may modify this Agreement at any time and such modifications shall
be effective immediately upon posting of the modified Agreement. Accordingly, you
agree to review the Agreement periodically, and your continued access or use of
this Site shall be deemed your acceptance of the modified Agreement.
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MISCELLANEOUS
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This Agreement and the resolution of any dispute related to this Agreement or this
Site shall be governed by and construed in accordance with the laws of Texas without
giving effect to any principles of conflicts of law.
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Failure by Creditos123 LLC or its affiliates to insist upon strict enforcement of
any provision of this Agreement shall not be construed as a waiver of any provision
or right.
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You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of this Site or this Agreement must be
filed within one (1) year after such claim or cause of action arose or be forever
barred.
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DISPUTE RESOLUTION
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Any claim or controversy arising out of or relating to the use of Creditos123 LLC
's services, to the goods or services provided by Creditos123 LLC, or to any acts
or omissions for which you may contend Creditos123 LLC is liable, including but
not limited to any claim or controversy as to arbitrability ("Dispute"), shall be
finally, and exclusively, settled by arbitration venued in Texas. The arbitration
shall be held before one arbitrator under the commercial arbitration rules of the
American Arbitration Association ("AAA") in force at that time. The arbitrator shall
be selected pursuant to the AAA rules. Should no AAA rule regarding the selection
of an arbitrator be in effect, the consumer shall select an arbitrator from a panel
of arbitrators acceptable to Creditos123 LLC. In any arbitration, Creditos123 LLC
will pay the filing fee, plus the costs associated with the first day of arbitration,
with the remaining costs of arbitration paid by the non-prevailing party. To begin
the arbitration process, a party must make a written demand therefore. Any judgment
upon the award rendered by the arbitrators may be entered in any court of competent
jurisdiction in Texas. The arbitrators shall not have the power to award damages
in connection with any Dispute in excess of actual compensatory damages and shall
not multiply actual damages or award consequential, punitive or exemplary damages,
and each party irrevocably waives any claim thereto. The agreement to arbitrate
shall not be construed as an agreement to the joinder or consolidation of an arbitration
under this Agreement with an arbitration of disputes or claims of any non-party,
regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES
THAT ALL DISPUTES BETWEEN YOU AND CREDITOS123 LLC D.B.A. CREDITOS123.COM WILL BE
RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT
OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS
ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR
JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler
and more limited than rules applicable in court. Arbitrator decisions are enforceable
as any court order and are subject to very limited review by a court. By using Creditos123
LLC 's goods and services you consent to these restrictions. Should a Dispute arise
and should the arbitration provisions herein become inapplicable or unenforceable,
the parties agree that jurisdiction over and venue of any suit shall be exclusively
in the state and federal courts sitting in Texas. If either party employs attorneys
to enforce any right in connection with any Dispute or lawsuit the prevailing party
shall be entitled to recover reasonable attorneys' fees.
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HEADINGS
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Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such action.
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ASSIGNMENT
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You may not sell, mortgage, assign or otherwise transfer any of your rights or obligations
under this Agreement to any other person or entity, without the express written
consent of Creditos123 LLC. Notwithstanding the foregoing, either You or Creditos123
LLC may assign its rights and obligations under this Agreement without consent and
without notice to the other, and both You and Creditos123 LLC shall accept such
assignment as a novation, to a successor as a result of a change in business legal
structure, corporate restructuring, reorganization, merger, consolidation, or acquisition
of all or substantially all of the assigning party's stock or assets, provided that
this Agreement shall be binding upon, inure to the benefit of and be enforceable
by You and Creditos123 LLC and their respective successors and assigns.
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ENTIRE AGREEMENT
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This Agreement constitutes the final, complete, and exclusive statement of the terms
of this Agreement between the parties pertaining to the subject matter of this Agreement
and supersedes all prior and contemporaneous understandings or agreements of the
parties. No party has been induced to enter into this Agreement by, nor is any party
relying on, any representation or warranty independent of those expressly set forth
in this Agreement. No direct benefit is intended to be conferred by this Agreement
on any person not a party to this Agreement and any benefit which may be actually
conferred is purely incidental.
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INDEPENDENT COUNSEL
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You're establishing of an account and/or your use of the Creditos123 LLC website
is evidence that you have read and understand this Terms of Service Agreement as
set forth above and that you have had the opportunity to consult with independent
counsel of your choice prior to establishing your account and utilizing the services
contemplated by this Agreement.
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