There are several items on this page.
1) The first is a guarantee that the software will perform as stated, conditions specified, including a statement specifying the policies of our company, Equity CyclingTM, a wholly-owned subsidiary of Soul Business Ventures, LLC.
2) Next is the End-User License Agreement (EULA), similar to what you agree to every time you buy software. This agreement is provided by the software developer. You agree to this EULA when you enter the software for the first time.
3) Finally, you’ll find a succession agreement: who takes over in the unforeseeable event something happens to Equity Cycling and/or its current management.
ONE-YEAR MONEY-BACK GUARANTEE
Equity CyclingTM hereby extends to you, as its customer, the following Guarantee relating to its Mortgage Acceleration Program. In the event that you strictly comply with the terms and conditions set forth in this Limited Guarantee, you will achieve the “Guaranteed Savings” described in the dashboard game plan and analysis. The terms and conditions which apply to this Guarantee are as follows:
1. Accuracy of Information: The Guaranteed Savings that are described in your personal game plan and analysis are based ENTIRELY upon the specific information that you initially provide to Equity CyclingTM in the following matters:
a. The principle balance of, term remaining and interest rate that applies to, your mortgage(s)
b. The amount and nature of your other debts
c. The amount and nature of your other expenses, regardless of interval(s) (projected savings are not guaranteed if expenses increase)
d. The amount of your income (projected savings are not guaranteed if income is reduced)
e. The terms and conditions of any “line of credit” which you have obtained, or alternate acceleration account.
2. On-Line Activation: To achieve the full amount of the Guaranteed Savings set forth in your game plan and analysis, you must complete a timely on-line activation. Should you delay your on-line activation of the game plan, your Guaranteed Savings will be reduced.
3. Importance of Exactly Following Prompts and Instructions: You must follow exactly and in a timely manner the instructions and prompts given to you by the software. In the event that you do not follow the prompts and instructions given to you by the game plan and analysis, you will not realize Guaranteed Savings.
4. Matters of Your Line of Credit: Sometimes the Equity CyclingTM Mortgage Acceleration Software may require using a line of credit. The Mortgage Acceleration Software may periodically give you prompts to take advances on and repay your Line of Credit solely for purposes relating to the Mortgage Acceleration Software. Should you take advances on your Line of Credit for other purposes, you may compromise your ability to use such Line of Credit in connection with the Mortgage Acceleration Software. Taking non-Mortgage Acceleration related advances will generate debts for which you will be personally liable and which will negatively affect your debt free dates. In no event will Equity CyclingTM be liable for any debts incurred by you under or with respect to your Line of Credit, regardless of whether such debts are related or unrelated to the Mortgage Acceleration Software. You agree to indemnify, defend, and hold Equity CyclingTM harmless from and against any claims relating to your Line of Credit and any of the amounts you at any time owe hereunder.
5. This Limited Guarantee: This limited Guarantee becomes effective at such time as you log in to your Equity CyclingTM account. Additionally by logging into your account, you agree:
a. You have read and understand this Limited Guarantee, and had the opportunity to ask questions relating to matters which you did not understand.
b. That you have consulted with an attorney or had the opportunity to do so.
6. Guarantee: In the event that you do not achieve the full amount of the Guaranteed Savings, notwithstanding that you have timely and exactly complied with all the terms and conditions set forth in this Limited Guarantee for a minimum of three months and are still consistently using the program when you ask for a refund, logging in no less than once per month, without increases to your expenses or reductions to your income, Equity CyclingTM will refund the full amount you paid for the Mortgage Acceleration Program, up to one full year after your enrollment.
THIS LIMITED GUARANTEE SETS FORTH THE ONLY GUARANTEE WHICH EQUITY CYCLINGTM IS PROVIDING TO YOU IN CONNECTION WITH THE MORTGAGE ACCELERATION PROGRAM. EXCEPT AS SET FORTH HEREIN, EQUITY CYCLINGTM IS NOT MAKING ANY REPRESENTATIONS OR WARRANTIES TO YOU, AND YOU EXPRESSLY AGREE THAT, EXCEPT TO THE EXTENT THAT A REFUND OF YOUR MORTGAGE ACCELERATION SOFTWARE PURCHASE PRICE MAY BECOME WARRANTED HEREUNDER, EQUITY CYCLINGTM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES ASSOCIATED WITH YOUR PARTICIPATION IN THE MORTGAGE ACCELERATION PROGRAM, WHETHER ACTUAL, CONSEQUENTIAL, OR OTHERWISE.
By state law, you may be entitled to cancel and request a full refund of your purchase price within the first 72 hours of purchase. See 3-day right of rescission.
2. The End-User License Agreement
SCHEDULE A – SOFTWARE END-USER LICENSE AGREEMENT
THANK YOU FOR CHOOSING EQUITY CYCLINGTM‘S MORTGAGE ACCELERATION SOFTWARE (“Licensed Software”). PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“Agreement”) CAREFULLY BEFORE USING THE LICENSED SOFTWARE. YOU MUST READ AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT BEFORE USING THE LICENSED SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THE LICENSED SOFTWARE. IN ADDITION, BY USING THIS LICENSED SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT CLICK “DISAGREE/DECLINE”.
End User agrees to the following terms and conditions:
A. Software License and Restrictions
Equity CyclingTM hereby grants End User a non-exclusive, non sub-licensable, non-transferable license, fully revocable, license to use the Licensed Software subject to the terms and conditions of this Agreement. This license allows End User to use the Licensed Software through the internet portal provided to you. The Licensed Software may be used to assist you in paying off your mortgage. You may not make the Licensed Software available over a network where it could be used by multiple computers at the same time. In exchange for this license, End User agrees to be bound by the following terms: only assigned users with valid passwords may use the Licensed Software and the concepts presented therein; End User shall not remove or alter any copyright, trademark, or patent notice(s) on the Licensed Software; End User shall not rent, lease, lend, assign, sell, or otherwise transfer End User’s right to use the Licensed Software; End User shall not distribute the Licensed Software to third parties; End User shall not copy, modify, reverse engineer, decompile, or disassemble the Licensed Software.
B. Third Party Services
In connection with the End User’s use of the Licensed Software, End User may be made aware of services, products, offers and promotions provided by third parties, and not by Equity CyclingTM (“Third Party Services”). If End User decides to use Third Party Services, End User is responsible for reviewing and understanding the terms and conditions governing any Third Party Services. End User authorizes Equity CyclingTM, its suppliers, licensors, and other similar entities, to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. End User agrees that the third party, and not Equity CyclingTM, is responsible for the performance of the Third Party Services.
C. Third Party Websites
The Licensed Software may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of Equity CyclingTM. Equity CyclingTM or its suppliers, licensors, or other similar entities are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Equity CyclingTM or its suppliers, licensors, or other similar entities, do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Licensed Software or services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Equity CyclingTM or its suppliers, licensors, or other similar entities, of any information contained in any Third Party Website. In no event will Equity CyclingTM or its suppliers, licensors, or other similar entities be held responsible for the information contained in such Third Party Website or for End User’s use of or inability to use such website. Access to any Third Party Website is at End User’s own risk, and End User acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of Equity CyclingTM or its suppliers, licensors, or other similar entities, and they are not responsible for such provisions and expressly disclaim any liability for them.
1. General Obligations. End User shall: (1) provide Equity CyclingTM promptly with all necessary information that may reasonably be required to enable Equity CyclingTM to carry out its obligations to End User; and (2) abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Licensed Software, including, but not limited to, the export laws of the United States.
2. Content. End User is solely responsible for all aspects of the accuracy of any content provided to Equity CyclingTM (“Content”) and shall indemnify Equity CyclingTM for any claimed dispute or dispute arising from any third party’s claimed rights to the Content. Further, End User shall comply with Equity CyclingTM‘s Acceptable Use Policy, if any, which may appear on Equity CyclingTM‘s website.
E. Warranties and Exclusions
1.�������� Equity CyclingTM Warranty. Equity CyclingTM warrants that it has the right to grant the license granted pursuant to this Agreement and that it shall provide any related products or services with reasonable skill, care and diligence. Equity CyclingTM or its suppliers, licensors, or other similar entities, shall have no liability to remedy a breach of warranty where such a breach arises as a result of any of the following circumstances: (1) the improper use or operation of the Licensed Software by End User; (2) the merger or use (in whole or in part) with any software or hardware from any person other than Equity CyclingTM; (3) any failure by End User to follow Equity CyclingTM‘s recommendations regarding the Licensed Software; or (4) the use of the Licensed Software for a purpose not reasonably to be inferred from this Agreement or related materials or documentation.
2. Exclusion of Warranties; Damages; Limitation of Liability. END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE LICENSED SOFTWARE PROVIDED BY EQUITY CYCLINGTM IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, EQUITY CYCLINGTM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE. EQUITY CYCLINGTM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, EQUITY CYCLINGTM DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE LICENSED SOFTWARE.
3. End User Warranty and Indemnification. End User represents and warrants that the Content provided to Equity CyclingTM shall not be libelous or constitute malicious falsehood or disparagement of goods or services, or be otherwise defamatory, immoral, obscene, pornographic, illegal, and shall not advocate illegal activity or constitute a violation of privacy or a breach of any obligation of confidentiality to any third party, nor shall it infringe the proprietary or the intellectual property rights of any third party. End User shall indemnify and hold Equity CyclingTM and its suppliers, licensors, officers, directors, employees attorneys, and affiliated entities, harmless from any and all damages, all costs, claims, demands, expenses and liabilities (of whatever nature) arising out of or in connection with any claim based on breach of any warranty or any breach by End User or its employees or agents of the terms of this Agreement. End User shall also indemnify Equity CyclingTM and its suppliers, licensors, officers, directors employees, attorneys, and affiliated entities, in respect of any claim for injury to any person or property due to the Licensed Software sold or referred to in or due to the Content or arising out of End User’s acts or omissions, including, without prejudice to the generality of the foregoing, the manner in which End User uses the Licensed Software.
1. Generally. Although unlikely, during the course of this Agreement, End User may have access to information which is confidential and proprietary to Equity CyclingTM or its suppliers, licensors, or other similar entities. The term “Proprietary Information” means any information or material which is proprietary and confidential to Equity CyclingTM or its suppliers, licensors or other similar entities, and includes any of the following information and material licensed, owned or developed by any such party or its agents: business records and plans; business information; product formulation and specifications; marketing plans and strategies; financial statements; customer lists and records; technical information; inventions; product design; information; services; pricing structure; discounts; computer programs and listings; source code and/or object code; software; and any other such proprietary information. End User understands and acknowledges that the Proprietary Information has been licensed, or obtained by Equity CyclingTM or its suppliers, licensors, or other similar entities, by the investment of significant time, effort and expense, and that the Proprietary Information is a valuable, special and unique asset of Equity CyclingTM or its suppliers, licensors, or other similar entities, which provides Equity CyclingTM with a significant competitive advantage. Therefore, End User agrees to hold in confidence and to not disclose the Proprietary Information to any person or entity without the prior written consent of Equity CyclingTM.
2. Disclosure of Proprietary Information. End User shall agree to not disclose the Proprietary Information and to act in accordance with this Agreement. It is understood that End User shall be liable for any and all breaches of this Agreement and any unauthorized use or disclosure of Proprietary Information.
3. Relief Available for Violation of Agreement. In the event of an actual or threatened violation of this Agreement, End User expressly consents to the enforcement of this Agreement by injunctive relief or specific performance without proof of actual damages but upon proof of all other requirements for the grant of such relief, in addition to any and all other remedies available.
4. Transmission of Proprietary Information. If End User becomes compelled by applicable law, regulation or legal process to disclose any of the Proprietary Information, End User shall promptly provide Equity CyclingTM with notice in order for Equity CyclingTM to seek a protective order or other appropriate remedy. Further, if End User becomes compelled to disclose any of the Proprietary Information, End User shall disclose only that portion of the Proprietary Information it is legally required to disclose as confirmed by a legal opinion of End User’s counsel at that End User’s expense.
5.���������� ���� Return of Proprietary Information. Upon Equity CyclingTM‘s request, End User shall return all materials containing Proprietary Information.
1. Term. This Agreement is effective until terminated. End User’s rights under this Agreement will terminate automatically without notice from Equity CyclingTM if End User fails to comply with any term(s) of this Agreement. Upon termination of this Agreement, End User shall cease all use of the Licensed Software and destroy all copies, full or partial, of the Licensed Software. Any termination of this Agreement shall not affect Equity CyclingTM‘s rights hereunder. Equity CyclingTM shall have the right to change or add to the terms of this Agreement at any time (provided it is not Equity CyclingTM‘s intent that such change substantially affect the license rights granted to End User and for which consideration was paid by you), and to change, delete, discontinue, or impose conditions on any feature or aspect of the Licensed Software or services (including Internet-based services, pricing, technical support options, and other product-related policies) upon notice by any means Equity CyclingTM determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Licensed Software or on any Equity CyclingTM sponsored web site.
2. Assignment and Delegation. End User shall neither assign nor delegate any of its rights or obligations or under this Agreement.
3.�� Waiver. Failure by any party to enforce any of its rights under this Agreement shall not be deemed a Waiver of any right which that party has under this Agreement.
4. Amendment or Modification. This Agreement may not be amended or modified without the express written consent of both parties.
5. Attorney’s Fees and Costs. In the event any dispute or litigation arises between the parties, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
6.���� �� Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by End User to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Licensed Software or Third Party Services must be commenced within one year after the cause of action accrues.
7. Entire Agreement.���������� Except as expressly set forth in this Agreement, this Agreement is a complete statement of the agreement between you and Equity CyclingTM and sets forth the entire liability of Equity CyclingTM and its suppliers and licensors and End User’s exclusive remedy with respect to the Licensed Software and its use. The suppliers, agents, employees, distributors, and dealers of Equity CyclingTM are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Equity CyclingTM. Any waiver of the terms herein by Equity CyclingTM must be in a writing signed by an authorized officer of Equity CyclingTM and expressly referencing the applicable provisions of this Agreement.
8. Severability. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
9. Choice of Law and Forum. This Agreement shall be governed by Utah law as applied to agreements entered into and to be performed entirely within Utah, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Washington County, Utah, or federal court for the District of Utah.
10. Headings. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”
11. No Limitation of Rights or Remedies. This Agreement does not limit any rights or remedies that Equity CyclingTM or its suppliers, licensors, or other similar entities, may have under trade secret, copyright, patent, trademark or other laws.
end of EULA
3. Succession Agreement
In the event Equity CyclingTM or its owners, operators, managers and employees become unable or unwilling to continue to provide services including but not limited to hosting your Equity CyclingTM software and addressing your customer service questions due to business collapse, bankruptcy or other terminal business condition, ownership of your enrollment and responsibility for customer service reverts to the licensor of the Equity CyclingTM program, identified below:
Anagram Financial Management • St. George Office • 565 N 3050 E • St. George, UT 84790 • (800) 936-6588 • email@example.com