Terms & Conditions

A. USE OF THIS WEBSITE

1. By completing our online form at RedFlagsCompliant.com (the “Company”), you are expressly agreeing to the following Terms and Conditions and agree to receive e-mail from us. If you do not accept our Terms and Conditions, please do not complete and submit our online form. We will occasionally send you information about updates to your file. You may remove yourself from these mailings at any time, by contacting the Company and expressing a preference for contact via U.S. Mail or telephone.
2. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Company.
3. While the Company uses reasonable efforts to include accurate and up to date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
4. Neither the Company nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, the Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.
7. The Company has not reviewed all of the websites linked to the Site and is not responsible for the content of any off-Site pages or any other websites linked to the Site. Your linking to any other off-Site pages or other websites is at your own risk.
8. While we are always happy to hear from you, it is the Company policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as original artwork, written works, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. The Company or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
9. You agree to indemnify, defend and hold the Company and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company defense of such claim.
10. The Site is controlled and operated by the Company. The Company makes no representation that materials in the Site are appropriate or available for use in locations and countries outside of our business location. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the Company.

 

11. The Company, is committed to protecting your privacy. We may occasionally collect personally identifiable information. Our site does use cookies to track visitors. The Company does not sell, trade, or rent your personal information to others. In summary, we are committed to protecting your privacy. We use the information we collect on the site to make interactions with the Company possible and to enhance your overall experience.

B. SALE OF GOODS
1 . General Recitals
WHEREAS, the Company is engaged in the business of the marketing and the selling of various products (the “Goods”) through the website known as RedFlagscompliant.com (the “Site”)
1.01. This is a contract for the sale of Goods between the Company, referred to as Seller, and the Business, referred to as Buyer. Seller and Buyer collectively are referred to as the ''Parties.''
1.02. The Parties acknowledge that the transaction that is the subject matter of this Agreement bears a reasonable relation to the State of Texas and agree that the law of Texas will govern their rights and duties. The Parties specifically intend that the provisions of the law of Texas cited as Bus. & Com. C.--Sales will control all aspects of this contract and its interpretation, and that all definitions contained in the Bus. & Com. C.--Sales will be applicable here except when this Agreement expressly provides otherwise.

1.03. The terms of this contract are intended by the parties as a final expression of their Agreement with respect to such terms and also as a complete and exclusive statement of all terms.
2 . Goods
2.01. The Goods that are the subject matter of this contract consist or any and all products offered by the Seller. A schedule of the current products offered by the Seller are attached hereto as “Schedule A”.

2.02. The Parties intend the above description to be only for purposes of identification of the Goods to this contract and not to be made part of the basis of this bargain.
 
3 . Warranties
3.01. SELLER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER, AND ANY AND ALL IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE GOODS SOLD BY THIS AGREEMENT. SELLER ASSUMES NO LIABILITY WHATSOEVER FOR ANY DAMAGES THAT MAY OCCUR FROM THE INTENDED OR UNINTENDED USE OF THE PRODUCTS DESCRIBED IN “SCHEDULE A”.
4 . Price and Payment Terms
4.01. The price for the Goods that are the subject matter of this contract is  listed in “Schedule A” affixed hereto.
4.02. The terms of payment are as follows; One hundred percent (100%) of the purchase price is due at the time this contract is executed.
 
5 . Delivery
5.01. The place for the delivery of Goods being sold under this contract is at the email or web address given by the Buyer via the online order form at RedFlagsCompliant.com, if electronic delivery is requested. If delivery is requested via US Post, the place for delivery is the physical address given by the Affiliate via the online order form at FixCreditBiz.com.

6 . Remedies and Liabilities
6.01. The exclusive remedy of Buyer under this contract is the ALL SALES FINAL.
7. Acceptance
7.01. By completing and submitting the online form at RedFlagsCompliant.com (the “Company” and “Buyer”), you the “Buyer”are expressly agreeing to and fully and without reservation, accepting the Terms and Conditions set forth in “B. SALE OF GOODS.”
C. AFFILIATE AGREEMENT
All Terms and Conditions and Parties set forth in “B. SALE OF GOODS” are fully incorporated herein. All Attachments and Schedules are assumed fully incorporated into this Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. Prelude.
The Company and the Buyer mutually agree upon the terms and conditions hereinafter set forth.
2. Term and Termination.
The term of this Agreement shall commence on the date of the acceptance and approval by the Company of the Buyer’s submittal of the online order form at RedFlagscompliant.com and terminate either upon the sole and absolute discretion of the Company or by the Buyer upon thirty (30) days written notice.
3. Relation of the Parties.
This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between Company and Buyer.
4. Warranty and Guarantees.
Furthermore, the Company is not responsible and will be held harmless for any misrepresentations and any warranties extended by which are not expressly authorized by the Company.
9. Hold Harmless, Company.
Buyer shall indemnify and hold Company harmless of and from any and all claims or liability arising as a result of negligent, intentional or other acts of the Buyer or his or her agent or representatives.
10. Nondisclosure of Confidential & Proprietary Information.
While working with the Company, the Buyer may have access to confidential and proprietary, technical, financial or business information of the Company, including trade secrets. For example, any Company specifications, models, reports, plans, forecasts, current or historical data, computer programs or documentation that is not generally available to the public, and which the Company desires to protect against unrestricted disclosure or competitive use would be considered proprietary. The Affiliate shall not disclose any such proprietary information or trade secrets of the Company to anyone other than the Company’s employees, advisors, or representatives with a need to know. All written, electronic or photocopied proprietary information will remain the property of the Company and will be returned to the Company upon request. Upon termination of this Agreement, or upon request by the Company whichever comes first, the Affiliate will return to the Company all tangible forms of proprietary information, including any and all copies, or will destroy them in a manner satisfactory to the Company.
11. Notice.
Any notice required to be given hereunder shall be deemed given on the third (3rd) business day following mailing of any such notice, postage paid, to the address set out herein:
           


To the Company:     

 

To the Buyer:

 

 

 

RedFlagsCompliant

 

Contact information provided by the Buyer

Attn: Legal      

 

provided via the online form

14207 Tomball Pwky. #9 

 

 

Houston, Texas 77086

 

 



12. Jurisdiction and Venue.
This Agreement and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The Parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Harris County, State of Texas. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
13. Severability.
If any provision of this Agreement should be proven unlawful, unenforceable or is deemed to create an Employer – Employee relationship, such provision will be considered a nullity, which will not affect the validity of the remaining terms and conditions of this Agreement, and the parties shall substitute to the extent lawfully permissible, a new provision embodying the intentions of the parties.
14. Entire Agreement / Miscellaneous.
This Agreement (C. BUYER AGREEMENT) contains the entire agreement between the parties and any representation, promise or condition not incorporated herein shall not be binding upon either party. As used in this Agreement, singular includes the plural and plural includes the singular, wherever so required by fact or context.  The headings appearing hereof have been inserted for convenience only and do not constitute a part of this Agreement.
16. Acceptance.
By completing and submitting the online form at RedFlagsCompliant.com (the “Company”), you (the “Buyer”) are expressly agreeing to and fully and without reservation, accepting the Terms and Conditions set forth in “C. BUYER AGREEMENT.”

SCHEDULE A
$999/yr for RedFlagsCompliant service access.