Online Credit Application Term Acceptance


I Certify That The Answers Given In The Online Credit Application Are Correct To The Best Of My Knowledge.  I Understand That Any Falsification Of The Online Credit Application, Whether Willingly Or Accidental, Is Grounds For Disqualification, Or Termination Of Credit Acceptance.  I Authorize Global Office Solutions Or Its Agent(s) To Contact Any And All Of The References I Have Listed To Obtain Previous Credit Information Or Any Other Pertinent Information That They Might Have. Further I Authorize Global Office Solutions To Obtain My Consumer Credit Report.

Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Service, except our Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular Services, you agree that you are subject to any policies or rules which are posted in conjunction with those Services. All such posted policies or rules are hereby incorporated by reference into this Agreement.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Global Office Solutions OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and Global Office Solutions, Inc. and applies to your use of the Global Office Solutions™ and any related products and services available through www.GlobalOfficeSolutions.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may apply for Credit at Global Office Solutions. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Global Office Solutions user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other Global Office Solutions websites and Services will be governed by the terms and conditions posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Global Office Solutions," "we" or "our" will refer collectively to Global Office Solutions, Inc. and its subsidiaries. Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" include Visa- and MasterCard-branded debit cards.

This Agreement was last modified on June 21, 2004.

  1. Eligibility. In order to apply for credit, you must fill out a Credit Application Form and be reviewed for account acceptance. Users may only hold one account. Our Services are only available to businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Credit Line may not available to businesses who present an unacceptable level of credit risk.
     
  2. The Legal Relationship between You and Global Office Solutions.

      2.1 Agency Relationship. Global Office Solutions acts as a facilitator to help you make payments to Our Company. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. Global Office Solutions will at all times hold your credit line separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Global Office Solutions is not a bank and the Service is a Line of Credit rather than a banking service, and (ii) Global Office Solutions is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

      You agree that you will not receive interest or other earnings on the funds that Global Office Solutions handles as your agent. Global Office Solutions will also not receive interest on those funds, but may receive a reduction in fees or expenses charged for banking services by the banks that hold your line of credit.

      By initiating and making orders through the Service with your credit line, you appoint Global Office Solutions as your agent to obtain the funds on your behalf and to transfer the funds to the Global Office Soltions, subject to the terms and restrictions of this Agreement. Global Office Solutions will obtain the funds first by debiting your funds in your Credit Line. If this is not sufficient to fund your payment fully, Global Office Solutions will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by Global Office Solutions (which may occur instantly), you remain the owner of those funds and Global Office Solutions holds those funds as your agent, but you will not be able to withdraw those funds or send the funds.

      2.2 Global Office Solutions is only extending a Business Line of Credit. Global Office Solutions acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet.

      2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Global Office Solutions, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Global Office Solutions cannot and does not guarantee any user's identity.

      2.4 Release. In the event that you have a dispute with one or more users, you release Global Office Solutions (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

      2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Global Office Solutions shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

      2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

      OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

      2.7 Indemnification. You agree to indemnify and hold Global Office Solutions, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
       

  3. Your Information and Restricted Activities

    3.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

    3.2 Restricted Activities. Your Information and your activities (including your payments) through our Service shall not: contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

    3.3 License. Solely to enable Global Office Solutions to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Global Office Solutions will use and protect Your Information in accordance with our Privacy Policy.

    3.4 Trademarks. GlobalOfficeSolutions.com, Global Office Solutions, and all related logos, products and services described in this website are either trademarks or registered trademarks of Global Office Solutions, Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Global Office Solutions. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Global Office Solutions and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Global Office Solutions.

    These Logos may not be altered, modified, or changed in any way, or used in a manner. Logos may not be displayed in any manner that implies sponsorship or endorsement by Global Office Solutions. Global Office Solutions is providing a Line of Credit service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
     
  4. Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Global Office Solutions site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to Global Office Solutions by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of Global Office Solutions or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
     
  5. Privacy and Security. We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your Global Office Solutions account on a page which begins with http://www.globalofficesolutions.com/. All of our pages begin with http://www.globalofficsolutions.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles.  If you object to your information being transferred or used in this way, please do not use our Services.
     
  6. Termination or Closing Your Account. You may close your account at any time by contacting Global Office Solutions. Upon closure of an account, any pending transactions will be cancelled and any balances must be paid at time of closure. Any available credit that we are holding in custody for you at the time of closure, less any applicable fees, will be forfeited. If we do receive payment of any unpaid balance(s), you will be subject to late fees in the amount of at least 2% per month. You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, Global Office Solutions may continue to hold your credit line for up to 180 days as appropriate to protect Global Office Solutions against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Global Office Solutions will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
     
  7. Remedies and Global Office Solutions' Right to Collect From You. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on your line of credit in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your Global Office Solutions account is deemed by Global Office Solutions to constitute abuse of the credit system or a violation of credit rules, including (without limitation), using the Global Office Solutions system to test credit card behaviors. In addition, Global Office Solutions reserves the right to hold credit lines beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice. Additionally, to secure your performance of this Agreement, you grant to Global Office Solutions a lien on and security interest in your account. In addition, you acknowledge that Global Office Solutions may setoff against any accounts you own for any obligation you owe Global Office Solutions at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Global Office Solutions may consider this Agreement as your consent to Global Office Solutions' asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
     
  8. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Global Office Solutions. Global Office Solutions reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
     
  9. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
     
  10. Notices.

    10.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Global Office Solutions in electronic form. Electronic Communications may be posted on the pages within the Global Office Solutions website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Global Office Solutions reserves the right but assumes no obligation to provide Communications in paper format.

    10.2 Credit Report. You agree that Global Office Solutions may order and review your credit report with the sole purpose of assessing your fitness to hold a Global Office Solutions account and/or your ability to use the Service or features thereof.

    10.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Global Office Solutions Inc., Attn: Legal Department, 2211 North First Street, San Jose, Michigan 95131 (in the case of Global Office Solutions) or to our online message center or the email address you provide to Global Office Solutions during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Global Office Solutions during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
     
  11. Legal Disputes. In the event a dispute arises between you and Global Office Solutions, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Global Office Solutions agree that any controversy or claim at law or equity that arises out of this Agreement or Global Office Solutions' services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Global Office Solutions strongly encourages users first to contact Global Office Solutions directly to seek a resolution. Global Office Solutions will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

      11.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Global Office Solutions may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

      11.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Santa Clara County, Michigan or where the defendant is located (in Global Office Solutions' case, San Jose, Michigan, and in your case, your home address or principal place of business). You and Global Office Solutions agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, Michigan.

      11.3 Alternative Dispute Resolution. Global Office Solutions will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Santa Clara County, Michigan or another location mutually agreed upon by the parties.

      11.4 Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

    General. This Agreement is governed by and interpreted under the laws of the state of Michigan, U.S. as such laws are applied to agreements entered into and to be performed entirely within Michigan by Michigan residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 16 hereof, to the extent that the FAA is inconsistent with Michigan law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Global Office Solutions, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof.

    Disputes between you and Global Office Solutions regarding our Services may be reported to Customer Support online through the Global Office Solutions Contact Page at any time, or by calling (800) 331-8990.

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