PLEASE READ THE FOLLOWING. BY USING THIS WEBSITE, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS DESCRIBED BELOW. WE RESERVE THE RIGHT TO MODIFY OR MAKE CHANGES TO THE TERMS OF USAGE, PRICING, PROGRAMS AND THE CONTENTS OF THE WEBSITE WITHOUT NOTICE, SO YOU ARE ADVISED AND CAUTIONED TO REVIEW THE TERMS AND CONDITIONS REGULARLY. EACH TIME YOU USE THIS WEBSITE YOU AGREE TO AND ACCEPT THE CURRENT TERMS AND CONDITIONS.
AUTHORIZED USE ONLY
The entire content of this website is and shall remain the intellectual property of Direct Source LLC. (Direct Source LLC) or any affiliated or related entity. As such, it is protected by State, Federal and International copyright and other applicable laws. The unauthorized use of this website or its contents is strictly prohibited without prior written permission, and such violation may result in both civil and criminal liability. Such intellectual property rights include any proprietary software used on this website.
By using this website, you may be given authorization to view certain public and nonpublic information regarding promissory notes, real property, pictures, locations, documents, and other information that is contained herein. You agree that any and all information obtained from Direct Source LLC and/or contained herein constitutes confidential information and that you will not use, disclose, or divulge any information contained herein except to your financial advisors, attorneys, accountants and other professionals advising you whether to enter into a transaction.
HOW WE MAY USE YOUR INFORMATION
We also may use the information you provide us through electronic mail, including your email address, to respond to you. We also may use the information we collect from your visit to our Web website to identify levels and areas of interest in us which enables us to improve and refine the content of the Web site. We do not sell any of this information to third parties. We do, however, reserve the right to disclose such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain website-related services (e.g., web hosting, improve website-related services and features, or maintenance services) on our behalf. We also reserve the right to disclose such information to any third party if we believe that we are required to do so for any or all of the following reasons: (i) by law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the website or our network; and/or (iv) to protect the rights, property, or safety of us and our affiliates, their partners, and employees, the users of this Web website, or the public.
The contents and access to this website are provided for convenience only and in so providing such material, access and information, Direct Source LLC makes no representations or warranties of any kind, express or implied, with respect to the website or any material or information provided. By using this website, in addition to any other waivers or releases made by a user of this website, you expressly promise, acknowledge and agree that Direct Source LLC, its agents, employees, representatives, members of its board of directors, attorneys, shareholders or any other related or affiliated person or entity (the Related Parties) shall not be liable for any damages of any kind, including but not limited to consequential, compensatory, special and punitive damages. This express promise extends to any equitable claims of any nature, including, but not limited to comparative liability and indemnification, and if any third party sues or makes any claim against any of the parties listed in this paragraph as a direct or indirect result of information provided to you, the user agrees to indemnify, defend and hold Direct Source LLC and the Related Parties harmless. Any attorney chosen by a user to defend Direct Source LLC and any of the Related Parties, shall be competent and experienced in the appropriate area of law involved, and shall be subject to the subjective approval of Direct Source LLC and the Related Parties involved. If Direct Source LLC does not approve of the attorney chosen by the user, it has the right to retain the attorney of its choice and the user shall be liable for all attorney fees and costs incurred immediately as they accrue and become due.
JURISDICTION AND VENUE MATTERS
By using this website, a user expressly agrees that jurisdiction and venue for any action against Direct Source LLC or any of the Related Parties shall be in Delaware, in the appropriate state or federal court. There shall be no other place or court which shall have concurrent jurisdiction and any user of this website waives any rights concerning jurisdiction and venue and acknowledges and agrees to these provisions.
All personal information obtained by Direct Source LLC is treated as private and confidential. The information available to users of this website is intended only for the legitimate business use of Direct Source LLC's customers and clients. Direct Source LLC will not intentionally violate any right of privacy nor make such information available to third parties for solicitation by third parties. Direct Source LLC comes into possession and knowledge of a limited amount of information necessary for it to provide its services to its customers and clients, but treats all information received as private and confidential.
We attempt to adopt commercially reasonable security measures consistent with legal industry practice to assist in protecting against the loss, misuse, and alteration of personally identifiable information which is under our control. However, no system of transmitting data over the Internet can be guaranteed to be 100% secure. As a result, while we undertake commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the website. You provide all such information entirely at your own risk.
PURCHASING TERMS/AGREEMENT WITH DIRECT SOURCE LLC
THE UNDERSIGNED PARTIES INTENDING TO BE LEGALLY BOUND DO HEREBY IRREVOCABLY AGREE:
1. NOT TO CIRCUMVENT, AVOID, BYPASS, OR OBVIATE EACH OTHER DIRECTLY OR INDIRECTLY. This agreement is to confirm that each of the undersigned signatories will not deal with any entity introduced by the other signatory without knowledge and written permission of the introducing signatory. Also included within this context is any entity in which a signatory has an interest. The parties confirm that the terms of this agreement expressly cover acts of negligence and inadvertent disclosure which are a violation of this agreement.
2. NOT TO AVOID PAYMENT OF FEES OR COMMISSIONS IN ANY TRANSACTION WITH ANY ENTITY, corporation, partnership, or individual revealed by either party to the other in connection with any real estate, project, service renewal, extension, re-negotiation, contract agreement, third party assignment, communication or conversation. Should the introducing party not be notified of any contact or should any non-signatory, their employees, agents, officers, partners, associates or consultants through direct or indirect introduction by a signatory result in successful placement of a transaction with any entity, person, company, firm, corporation, organization, the introducing signatory agrees and guarantees to pay any and all agreed commissions and fees received by said signatory on any and all such transactions to the other signatory, unless otherwise agreed to in writing by the parties hereto.
3. NOT to disclose or otherwise reveal to any third party any information provided by the other particularly that concerning lenders, sellers, borrowers, buyers names, bank information, codes, and references and/or any such information advised to the other as being confidential or privileged without the written consent of the other. It is agreed and understood that each signatory agrees to keep confidential the names, addresses, telephone numbers, and fax numbers of any contact introduced by the other signatory, unless prior written permission is given by the introducing signatory.
4. This agreement shall be for a period of Twenty Four Months (24) Months from the date of execution and is irrevocable and non-cancellable. It is to be applied to any and all transactions, past, present and future, of the introducing signatories regardless of the success of the project. The signatories agree that the identities of the parties who are introduced under this agreement are currently, and shall forever remain, the proprietary asset of the introducing signatory.
5. This agreement shall be binding on the parties hereunder signed, their heirs, successors, partners and assigns. The signatories confirm by execution of this agreement that any company, firm, corporation, partnership, organization or entity of which they are an employee, member, officer, partner, or agent, is bound by this agreement.
6. Should violation, disagreement or dispute occur between contracting parties arising out of, or connected with this agreement, which cannot be adjusted by and between the parties involved, the disputed disagreement shall be submitted to the American Arbitration Association and all parties agree to abide by the decision of the referees of said Association. Judgment, upon award, may be entered in any court having jurisdiction thereof.
7. In the event of any conflict between the terms of this Agreement or any other Agreement this Agreement shall prevail.
In the event that either of the parties resorts to legal action against the other, the prevailing party shall be entitled to reimbursement from the other party for all reasonable attorney fees and other costs incurred in such action.
8. In the event any one or more of the provisions of this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, the remainder of this agreement shall not be affected thereby.
9. This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and repatriates all prior negotiations and proposed agreements, written, or oral. Neither of the parties may alter, amend, nor modify this agreement except by an instrument in writing signed by both parties, or their duly authorized representatives.
10. Additionally, the signatories agree that this instrument may be negotiated via telefax/facsimile/fax transmission, and the signatures by fax are accepted by the respective parties as though they were original.
11. It is understood and agreed to that all information and marketing material provided is the property of DIRECT SOURCE LLC. All material provided to the undersigned is confidential and proprietary and shall not be disbursed to any third party without prior written approval. Violating any portion of this agreement is subject to a $100,000.00 breach of contract penalty and shall be paid upon discovery of such breach. Failure to pay said penalty upon demand will result in additional legal action.
This agreement shall be construed and enforced in accordance with the applicable laws and regulations of the State in which the property is located and of the United States of America.
BY ACCEPTING I CONFIRM I HAVE FULL AUTHORITY TO EXECUTE THIS AGREEMENT AND OBLIGATE ALL COMPANIES, FIRMS, CORPORATIONS, PARTNERSHIPS, ORGANIZATIONS, INDIVIDUALS AND/OR ENTITIES REFERENCED HEREIN.
ALL PARTIES CONSENT, AGREE AND ACKNOWLEDGE THEY HAVE READ AND UNDERSTAND THE TERMS SET FORTH IN THIS AGREEMENT.
© 2020 Direct Source LLC at www.directsourcere.com