Terms & Conditions

By using our website you are agreeing to the below:

A. USE OF THIS WEBSITE

1. By completing our online form at CommercialRelief (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 CommercialRelief.com (the “Site”) to independent businesses (the “Affiliate”) and the Affiliate is engaged in the business of the direct selling of the products purchased through the Company; and

WHEREAS, the Company desires to enter into this Agreement with the Affiliate, providing, among other things, the Goods offered through the Site; and

WHEREAS, the Affiliate desires to enter into this Agreement with Company for the purchase of the various Goods offered by the Company through its Site upon the terms and conditions hereinafter set forth.

1.01. This is a contract for the sale of Goods between the Company, referred to as Seller, and the Affiliate, 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 Affiliate via the online order form at CommercialRelief.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 CommercialRelief.com.

6 . Remedies and Liabilities
6.01. The exclusive remedy of Buyer under this contract is the return of conforming goods to Seller and the reimbursement of the purchase price from Seller. It is the intent of the parties that the remedies listed in this Agreement are the sole remedies available to the parties and not cumulative of those provided by the Bus. & Com. C.—Sales. Buyer has twenty-four (24) hours for inspection and rejection. If the Goods are not returned within twenty-four (24) hours (if delivery is via electronic means), or within three (3) calendar days from and including the date of purchase (if delivery is via US Post). After the applicable inspection period, the Goods are deemed fully and unequivocally accepted and return for refund or credit is not available.

7. Acceptance
7.01. By completing and submitting the online form at CommercialRelief.com (the “Company” and “Seller”), you (the “Affiliate” and “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 Affiliate 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 Affiliate’s submittal of the online order form at FixCreditBiz.com and terminate either upon the sole and absolute discretion of the Company or by the Affiliate upon thirty (30) days written notice.

3. Relation of the Parties.
The Company retains the Affiliate only for the purposes and to the extent set forth in this Agreement and the Affiliate’s relationship to the Company shall, during the term of this Agreement, be that of an Independent Contractor. This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between Company and Affiliate. The Company shall not withhold, from sums becoming payable to the Affiliate hereunder, any amounts for State or Federal Income Tax, or for FICA (Social Security) Taxes, during the term of this Agreement. The Company and the Affiliate are to articulate their relationship to all interested third parties and to all applicable state and federal governmental agencies, as that of Company and Independent Contractor. The Affiliate shall be free to dispose of such portions of his or her entire time, energy and skill as he or she is not obligated to devote hereunder to the Company in such manner as he or she deems advisable. The Affiliate shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements or distributions by the Company pertaining to or in connection with any pension, stock, bonus, profit sharing or other benefit extended to the Company’s employees.

4. Reports.
The Affiliate is to provide the Company with periodic updates of services rendered on behalf of the Company.

5. Affiliate Expenses.
Affiliate shall bear any and all costs or expenses incurred by Affiliate to perform his or her obligation under this Agreement, including, but not limited to, vehicle operating costs, vehicle insurance, materials expenses and personal telephone expenses. Additionally, the Company will have no right to regulate the business or travel expenses and will not be liable for the business or travel expenses of the Affiliate.

6. Professional Responsibility.
The Affiliate in accordance with his or her independent and professional judgment shall construe nothing in this Agreement to interfere with or otherwise affect the rendering of services. The Affiliate shall perform his or her services substantially in accordance with generally accepted practices and principles of his or her trade. Unethical or unlawful conduct is not acceptable and will cause immediate termination of this Agreement. This Agreement shall be subject to the rules and regulations of any and all organizations and associations to which the Affiliate may from time to time belong and to the laws and regulations governing the practice of the Affiliate’s trade in this State.

7. Fees to Affiliate.
The Company shall pay the Affiliate on a fixed dollar value basis for services in connection with this Agreement, the exact amount for each project to be agreed upon in writing by the Company and the Affiliate per the attached “Schedule B”. The schedule attached hereto-titled “Schedule B” may be changed from time to time as warranted by the Company.

8. Warranty and Guarantees.
Affiliate is not authorized to extend any warranty or guarantee or to make representations or claims with respect to Company’s products or services without express written authorization from Company. Furthermore, the Company is not responsible and will be held harmless for any misrepresentations and any warranties extended by Affiliate which are not expressly authorized by the Company.

9. Hold Harmless, Company.
Affiliate 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 Affiliate or his or her agent or representatives.

10. Nondisclosure of Confidential & Proprietary Information.
While working with the Company, the Affiliate 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 Affiliate:

FixCreditBiz Contact information provided by the Affiliate
Attn: Legal provided via the online form submitted by the
14207 Tomball Pwky. #9 Affiliate through the site FixCreditBiz.com
Houston, Texas 77086

12. Income Tax Designation.
In the event that the Internal Revenue Service should determine that the Affiliate is, according to I.R.S. guidelines, an employee subject to withholding and social security contributions, the Affiliate shall acknowledge, as the Affiliate acknowledges herein, that all payments to the Affiliate are gross payments, and the Affiliate is responsible for all income taxes and social security payments thereon. The Company will provide the Affiliate with a Form 1099-MISC for the calendar year, reporting the payments to the Affiliate as those for the work of an Independent Affiliate, not as salary of an employee.

13. 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.

14. 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.

15. Entire Agreement / Miscellaneous.
This Agreement (C. AFFILIATE 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 FixCreditBiz.com (the “Company”), you (the “Affiliate”) are expressly agreeing to and fully and without reservation, accepting the Terms and Conditions set forth in “C. AFFILIATE AGREEMENT.”