Business Credit Literacy Initiative (BCLI), a 501(c)(3) non-profit, offers an educational program to increase access to capital for entrepreneurs by completing a curriculum partially using content from the Money Smart for Small Business (MSSB) platform developed by the FDIC and promoted by the United States Small Business Administration (SBA).
This Agreement (the Agreement) is made and entered into by and between the BCLI with principal offices located at 100 South 4th Street, Suite 550, St. Louis MO 63102, and you, (“you” or “Participant”) the party enrolling in the Class).
The curriculum, called the Small Business Capital Ready Certification Class (hereafter referred to as the “Class”) can be provided in-person, when enough people register for a particular session to warrant it to be offered in-person, or on-line.
By submitting the fee for the class, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before enrolling. By signing up for our Class, you indicate your acceptance of this agreement and its terms and conditions. Your initial submission of the Class fee and acceptance of these Terms & Conditions binds you to payment regardless if you complete or even begin the Class. Thus, it is non-refundable but may be transferred with written permission of BCLI.
The participation fee is the same regardless if the class is attended in-person or completed on-line. If an in-person class should not be held for whatever reason, BCLI has the unilateral right to provide the curriculum to the Participant through an on-line alternative.
Participant agrees to not be involved with any program, service, organization or offering that is competitive with this Class including but not limited to business credit building, bank/SBA loan preparedness, etc. without written disclosure and approval by BCLI for a two year period afterwards.
Except as otherwise provided in this Agreement or with the consent of BCLI, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Class, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Participant shall not use any information obtained from the Class to develop, enhance or operate a service that competes with the Class, or assist another party to do the same.
THE CLASS IS PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BCLI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BCLI DOES NOT WARRANT THAT THE CLASS OR LINKS WILL MEET PARTICIPANT’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE CLASS OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. BCLI EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A PARTICIPANT OR THEIR PRODUCTS OR SERVICES. BCLI DOES NOT GUARANTEE THAT PARTICIPANT WILL QUALIFY FOR OR HAVE ACCESS TO ANY AMOUNT OF CAPITAL BY ATTENDING THE CLASS.
THE TERMS OF THIS AGREEMENT SHALL CONTROL OVER ANY CONFLICTING TERMS IN ANY REFERENCED AGREEMENT OR DOCUMENT.
THIS AGREEMENT SETS FORTH AND CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ANY AND ALL PRIOR AGREEMENTS, NEGOTIATIONS, CORRESPONDENCE, UNDERTAKINGS, PROMISES, COVENANTS, ARRANGEMENTS, COMMUNICATIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER ORAL OR WRITTEN, OF ANY PARTY TO THIS AGREEMENT.
Participant shall be responsible for the payment of all attorneys’ fees and expenses incurred by BCLI to enforce the terms of this Agreement. This Agreement contains the entire agreement between BCLI and Participant with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Participant agrees that BCLI shall not be subject to or bound by any Participant insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether BCLI “clicks through” or otherwise indicates its acceptance thereof. Participant may not assign all or any part of this Agreement without BCLI’s prior written consent. BCLI may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. Any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the Modifications section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing or any delay in exercising any rights here-under shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
The Parties agree that, except as specifically provided to the contrary in this Agreement, any Grievance shall be resolved exclusively by Good Faith Arbitration. Since the parties acknowledge that significant aspects of performance of this Agreement will occur in the State of Texas, even though the business activities of the Associate may occur anywhere authorized, provisions of this Agreement will be governed and construed under the laws of Texas. If conflict or choice of law rules would choose a law of another jurisdiction, each party waives such rules and agrees the substantive law of Texas shall nonetheless govern. The parties agree that unless expressly provided to the contrary in this Agreement, the state and federal courts of Texas shall have exclusive jurisdiction of any litigation between the parties and the Associate expressly submits to the jurisdiction and venue of the federal and state courts serving Wood County, Texas with respect to any such litigation and/or arbitration.
By clicking to agree to enroll in the Class, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not click to agree nor submit the non-refundable fee for the Class. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.