Best In Class Advisors Consumer Terms of Service (Effective Date: August 12, 2024) Thank you for your interest in bestinclassadvisors.com, an Internet platform ("Website") owned and operated by Best In Class Advisors LLC., an Wyoming corporation ("Best In Class Advisors," "we," or "us"). Best In Class Advisors provides consumers (collectively, "Consumers," and individually, "Consumer," "User," or "you") an online venue to locate and solicit services from providers in various lines of credit and finance (collectively "Partners"). By registering on the Website, you become a Consumer at no cost and will have the ability to seek referrals for services. References to Websites shall include, but are not limited to, any and all uses of bestinclassadvisors.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices. 1. Acknowledgement and Acceptance 1.1 Your Unconditional Acceptance. This Website and Best In Class Advisors's services are offered to you for use and are conditioned upon your unconditional acceptance, without modification, of the following terms, conditions, and notices ("Terms") contained in this Best In Class Advisors Terms of Service ("Agreement"). Please read this Agreement carefully. Regardless of whether you register with the Website, your use of the Website and any related services constitutes your agreement to all Terms. You agree and understand that certain features of the Website may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms, and you further agree that a violation of those terms while you are accessing the Website shall constitute a breach of this Agreement. This Agreement also includes Best In Class Advisors's Privacy Policy and any notices regarding the Website. 1.2 Amendments. You acknowledge and agree that Best In Class Advisors may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in Best In Class Advisors's sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. Best In Class Advisors does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the most current version of the Terms of the Agreement. 2. Use and Age Restrictions Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the Best In Class Advisors Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website. 3. Referral Services 3.1 Partner Requests. Upon registration with Best In Class Advisors, a Consumer may submit through the Website a request for Partners to contact the Consumer ("Partner Request") concerning desired services. To submit a valid Partner Request, Consumers must provide required information (e.g., what services the Consumer wants, the type of services, and the Consumer's contact information). Upon receipt of a Service Request, Best In Class Advisors selects Partners, from its database, and provides information concerning the Partners' abilities (defined below) to the Consumer. The Consumer is under no obligation to use the Partner selected to them and may request from Best In Class Advisors a referral to a different partner. The selected Partner will contact the Consumer to discuss the Consumer's service needs. When a Partner makes any communication with a Consumer, the Partner is acting on the Partners’ sole behalf and is not a representative or agent of Best In Class Advisors, or any of their affiliates. Best In Class Advisors does not and cannot guarantee that there will be Partners who are capable of or willing to complete the requested services at the time and place requested or that the Partners will contact Consumer. All Partner Requests must be lawful and not in violation of any city or county ordinance, state, local or federal laws. If Consumer needs additional or future services that are outside of the scope of work contained in Consumer's original Partner Request, Consumer should return to Best In Class Advisors for additional Best In Class Advisors referral services. The Partners suggested by Best In Class Advisors are only intended for the scope of work contained in the Consumer's Partner Request. 3.2 Agreement Solely with Partners. When a Partner contacts a Consumer, the Partner is acting on the Partner's sole behalf and is not a representative or agent of Best In Class Advisors, or their affiliates. You agree that Best In Class Advisors is not responsible for the accessibility or unavailability of any Partner or for your interactions and dealings with them, waive the right to bring or assert any claim against Best In Class Advisors relating to any interactions or dealings with any Partner, and release Best In Class Advisors from any and all liability for or relating to any interactions or dealings with Partner. If Consumer decides to use the Partner's services after submitting a Partner Request, Consumer and Partner may enter into an agreement for the Partner to perform services and the Consumer to pay the Partner for the services rendered. This agreement is solely between the Consumer and Partner, and Best In Class Advisors, and their affiliates are not parties to such agreement. Best In Class Advisors, and their affiliates are not and will not be parties or third-party beneficiaries to any agreements entered into by and between Consumer and Partner. Accordingly, please consider carefully before you agree to a Partner's offered services. 3.3 Compensation Paid To Best In Class Advisors. In most cases, Best In Class Advisors, and their affiliates are compensated by the Partners for referrals that are passed through to them, either by direct contact or supervised web link and are not compensated by the Consumer directly. In cases where Best In Class Advisors, and their affiliates may be directly compensated by the Consumer, a separate agreement will be made with the Consumer. 3.4 Intellectual Property. By posting a Partner Request, you represent that the request and services sought do not infringe on the intellectual property of any third party, including, but not limited to, the work product of any other finance or credit professional. Your description of the request and services sought must be truthful and accurate. Any Partner Request posted on the Website: (a) shall not be fraudulent; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 4. Partners 4.1 Partner Abilities. Best In Class Advisors requires Partners to provide a detailed description of their abilities to Best In Class Advisors, and their affiliates. The Partners Abilities are self-reported by the Partner. Although Best In Class Advisors may take certain steps to examine the credentials of Partners, Best In Class Advisors makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Partners if you elect to retain their services. Research and quality checks are performed on the Partner before joining Best In Class Advisors's Partner network and periodically thereafter. Accordingly, Best In Class Advisors does not and cannot warrant that the quality check is up-to-date or current. Further, checks are not applicable to any Partner employees or workers of the Partner business named by the Partner during registration. 4.3 Licensing. Partners are requested to ensure that all necessary licensing requirements are met for each referral prior to providing service. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. The term "Partners" shall not be construed as a representation by Best In Class Advisors, or their affiliates that all Partners are properly licensed. Consumers are solely responsible for determining which licenses, if any, are required for their requested services and whether the Partner that Consumer selects is properly licensed. Before you proceed with a service, you should confirm all licensing requirements with your state and local authorities and your selected Partner. Best In Class Advisors always recommends that you ask the Partner to provide you with a copy of their license(s) and certifications if applicable. 4.4 Insurance and Bonding. Partners may post information and documents concerning insurance policies and/or bonds covering their services. Best In Class Advisors does not verify this information. Before you proceed with a project, you should confirm the Partner's existing insurance coverages and limits and whether it has bonds in place. 4.5 Relationship between Best In Class Advisors and Partner. Best In Class Advisors and Partner are separate entities and the employee of one of those entities is not an employee of another entity. Best In Class Advisors is not an agent of Partner and Partner is not an agent of Best In Class Advisors. In some cases, Best In Class Advisors may have an affiliate or independent agent agreement in place with the Partner, but that shall not imply the Best In Class Advisors, and their affiliates are considered an employee or partner to a specific Partner or any of its affiliates or their respective personnel. 4.6 Consumer Verification Responsibility. YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE PARTNER, INCLUDING THE INFORMATION ON THE PARTNERS ABILITY, IS ACCURATE. BEST IN CLASS ADVISORS DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY PARTNERS AND EXPRESSLY DISCLAIMS ANY GUARANTEES, INDEMNITIES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF PARTNERS, TO INVESTIGATE AND TO DETERMINE, AMONG OTHER THINGS, WHETHER PARTNERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT FEDERAL, STATE OR LOCAL-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE COVERAGES AND LIMITS. 4.7 No Warranty or Endorsement of Partner Services. BEST IN CLASS ADVISORS DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTNER. THE DECISION TO ENTER INTO AN AGREEMENT FOR SERVICE BELONGS ENTIRELY TO THE CONSUMER. BEST IN CLASS ADVISORS DOES NOT WARRANT THE PARTNER'S PERFORMANCE OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PARTNER. BEST IN CLASS ADVISORS DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE PARTNER REQUEST.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BEST IN CLASS ADVISORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PARTNER OR THE PARTNER'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S PARTNER REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT BEST IN CLASS ADVISORS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER. 5. Payments to Partner Consumer is solely responsible for paying the Partner for any service provided in accordance with the Consumer's agreement with Partner. Best In Class Advisors shall not be liable for any claims made by Consumer relating to, or arising out of, charges to a Consumer authorized by Consumer's agreement with Partner. 6. Best In Class Advisors Guarantee 6.1 Referral Service Guarantee. Best In Class Advisors does not and cannot guarantee the services rendered by the Partner. Best In Class Advisors has no obligation or relationship whatsoever to the Consumer with regard to the services by the Partner. However, Best In Class Advisors offers Consumers a referral service guarantee ("Best In Class Advisors Guarantee") valid for thirty (30) days after the Partner completes or abandons the services required by the agreement between Consumer and Partner. The Best In Class Advisors Guarantee is intended to restore Consumer's confidence in the referral services provided by Best In Class Advisors. The Best In Class Advisors Guarantee does not cover faulty service of the Partner or damages that arise from or relate to the services of the Partner. 6.2 Eligibility Requirements for Best In Class Advisors Guarantee. In the event that a Consumer and Partner are unable or unwilling to agree upon a resolution pursuant to Section 6.5 below, the Consumer may be eligible,for the Best In Class Advisors Guarantee aimed at rectifying Consumer's dissatisfaction with Best In Class Advisors's referral if it strictly complies with all of the conditions of this Agreement. To be eligible for the Best In Class Advisors Guarantee, the Consumer must: a) Have contacted Best In Class Advisors in writing to request the Best In Class Advisors Guarantee within thirty (30) days of the Partner's completion or abandonment of the services required by the agreement between Consumer and Partner; b) Have provided accurate and truthful information in the Partner Request and in any other communications with the Partner and Best In Class Advisors;c) Have entered into an agreement with the Partner for services within the scope of the Partner Request and provided Best In Class Advisors with a copy of that agreement; d) Have supplied Best In Class Advisors with any requested written documentation of Consumer's claim, complaint or dispute; and e) Have complied with any request by Best In Class Advisors for a third party evaluation of any service or work performed by a Partner. f) If you do not comply with these conditions, or if you misrepresent the transaction or provide incomplete information, then the Best In Class Advisors Guarantee shall be null and void. The Best In Class Advisors Guarantee does not extend to satisfaction with a Partner related to services outside the scope of your original Partner Request. 6.3 Not Insurance or Security for Partner's Performance. The Best In Class Advisors Guarantee is not insurance nor security for the performance of services supplied by Partner. 6.4 Agreement to Communicate with Partner. Consumers dissatisfied with a services performed by a Partner agree to resolve issues directly with the Partner without the involvement of Best In Class Advisors. If direct communications and efforts between the Consumer and the Partner do not satisfy Consumer's concerns, Best In Class Advisors may, in its sole discretion, contact Consumer and Partner to facilitate further communication regarding Consumer's dissatisfaction. However, Best In Class Advisors is not responsible or liable to either the Consumer or the Partner if a mutually acceptable resolution is not reached between Consumer and Partner. Best In Class Advisors does not, at any time, become a party to Your dispute with the Partner. 7. Interactions and Disputes with Partners 7.1 Disputes with Partners. Best In Class Advisors will not directly participate in the resolution of any disputes between Consumers and Partners (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users. 7.2 Relationship Between Partners and Consumers. CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH PARTNERS, INCLUDING THE TERMS AND CONDITIONS OF ANY CONTRACT ENTERED INTO BETWEEN CONSUMER AND PARTNER. CONSUMER'S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PARTNERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS, INCLUDING WITHOUT LIMITATION, STATE LAWS RELATING TO CREDIT AND FINANCE CONTRACTS. SHOULD YOU HAVE A DISPUTE WITH ANY PARTNER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PARTNERS DIRECTLY. BEST IN CLASS ADVISORS IS NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PARTNERS. 8. Release In exchange for the referral service provided by Best In Class Advisors and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you expressly agree to forever release and discharge Best In Class Advisors, its officers, directors, affiliates, parent and subsidiary companies, employees and agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way relating to your agreement with Partner and any services performed by Partner. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 9. No Warranties BEST IN CLASS ADVISORS MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENTS OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. BEST IN CLASS ADVISORS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR- FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. BEST IN CLASS ADVISORS CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BEST IN CLASS ADVISORS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. BEST IN CLASS ADVISORS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. BEST IN CLASS ADVISORS MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE PROVISIONS OF THIS PARAGRAPH 9 SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW. SHOULD EXCLUSIONS OF LIABILITY CONTAINED IN PARAGRAPH 9 BE FOUND TO NOT BE APPLICABLE, BEST IN CLASS ADVISORS SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE, UNLESS SUCH DAMAGES ARE DIRECT DAMAGES AND ARE PROVEN TO BE THE RESULT OF THE NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS OF BEST IN CLASS ADVISORS, IN WHICH CASE BEST IN CLASS ADVISORS MAY ONLY BE LIABLE IN THE AMOUNT AND PROPORTION THAT BEST IN CLASS ADVISORS'S ACTS OR OMISSIONS CAUSED SUCH DAMAGES. 10. Limitations of Liability IN NO EVENT SHALL BEST IN CLASS ADVISORS, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT OR SUBSIDIARY COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, PARTNER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BEST IN CLASS ADVISORS IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE. BEST IN CLASS ADVISORS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, BEST IN CLASS ADVISORS USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE LIMITATION OF CERTAIN TYPES OF DAMAGES, PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF THAT IS FOUND TO BE THE CASE, BEST IN CLASS ADVISORS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, PRO OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE. BEST IN CLASS ADVISORS MAY BE HELD LIABLE FOR DIRECT DAMAGES IF SUCH DAMAGES ARE PROVEN TO BE THE RESULT OF THE NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS OF BEST IN CLASS ADVISORS, IN WHICH CASE BEST IN CLASS ADVISORS MAY ONLY BE LIABLE IN THE AMOUNT AND PROPORTION THAT BEST IN CLASS ADVISORS'S ACTS OR OMISSIONS CAUSED SUCH DAMAGES. 11. Content on Website 11.1 Proprietary Rights. This Website and the material within it, with exception of User Content as defined below, are © 2018 Best In Class Advisors. Viewing this Website creates a copy of Best In Class Advisors materials in your computer's random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of Best In Class Advisors. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners. 11.2 Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. Best In Class Advisors can remove any User Content you post on the Website that violates this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; (2) a description of the work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. Copyright Agent for notice of claims of infringement can be reached as follows: Best In Class Advisors, Attention: Legal, 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82801 11.3 Content. Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of Best In Class Advisors. The reviews and ratings that You provide do not reflect the views of Best In Class Advisors. Best In Class Advisors reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion. 11.4 Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by Best In Class Advisors, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. Best In Class Advisors does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Best In Class Advisors or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users. 11.5 Documents and Information Available on this Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) created using the contents of the Website is granted only if (1) the Copyright Policy above and this paragraph are included with such documents, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose without the express written permission of Best In Class Advisors is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be Prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Best In Class Advisors Website or any other Best In Class Advisors owned, operated, licensed or controlled site (the "Best In Class Advisors Websites"). Elements of Best In Class Advisors Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Best In Class Advisors Website may be copied or retransmitted unless expressly permitted in writing by Best In Class Advisors. 11.6 Information You Provide to Best In Class Advisors. Upon using or registering for an account or by completing the Contact Form on the Website, you will be prompted to disclose certain information about yourself and your service needs if you request services. Some of this information will be sent to Partners, who will use this information to respond to you. By providing this information to Best In Class Advisors, or by submitting a Partner Request, you are requesting, and you expressly consent to having details of your Partner Request sent to Partners. You further consent to Best In Class Advisors's use and display on the Website of anonymous data records compiled from information collected from your Partner Request, including your first name and the nature of the services you requested in your city. Such information helps other Consumers and Partners evaluate and utilize Best In Class Advisors's services.If you submit a Partner Request, Best In Class Advisors will send identifying information such as your full name and contact telephone number to the Partner(s) selected to provide you service as requested. This information will be sent to the Partner(s) selected even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that Best In Class Advisors may provide the services set forth on the Website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your Partner Request and Best In Class Advisors's business, including marketing related emails. For complete details on Best In Class Advisors's use of your information, please review our Privacy Policy. You promise that all information you provide will be accurate, current and truthful. If you provide any information that is untrue, not current or incomplete, or Best In Class Advisors has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Best In Class Advisors has the right to bar you from any current or future use of the Best In Class Advisors services (or any portion thereof).You are responsible for maintaining the confidentiality of your passwords as it may apply. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.In the event that you provide Best In Class Advisors with any feedback regarding the Best In Class Advisors service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), such Feedback will be the property of Best In Class Advisors who shall have the right to use such Feedback and related information in any manner Best In Class Advisors deems appropriate. 11.7 Content Posted by You on the Website. You understand and agree that Best In Class Advisors may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Best In Class Advisors, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Best In Class Advisors will not infringe or violate the rights of any third party. You grant Best In Class Advisors and sub licensees the right to use the name that you submit in connection with such content, if they choose. Best In Class Advisors takes no responsibility and assumes no liability for any content posted by User or any third party.You are solely responsible for the User Content that you post on the Website or transmit to other users of the Website, including without limitation to Partners. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Best In Class Advisors or to any other user of the Website. If information provided to Best In Class Advisors, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Best In Class Advisors in writing of such information.The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. Best In Class Advisors reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that: · is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; · harasses or advocates harassment of another person; · involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; · promotes information that you know is false or misleading; · promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; · promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy- protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; · contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); · provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; · provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; · solicits passwords or personal identifying information for commercial or unlawful purposes from other users; · engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and · violates state and/or local consumer protection laws. Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. Best In Class Advisors reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in an inappropriate, unlawful or illegal manner.You acknowledge that a violation of the foregoing User Content provisions could result in significant damages to Best In Class Advisors, and you agree that you are liable to Best In Class Advisors for any such damages. Best In Class Advisors reserves the right to revoke your access to the Website and services at any time and for any reason. With exception of information that is generally accessible to the public, all information about Partners is confidential and for your personal use only. If it is determined or suspected by Best In Class Advisors in its sole discretion that you are misusing or attempting to misuse or circumvent the Best In Class Advisors services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Best In Class Advisors reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to direct and consequential damages, lost revenue, repairs, legal fees, costs and expenses, and to seek specific performance, injunctions or other equitable remedies. 11.8 Modifications to Website. Best In Class Advisors reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Best In Class Advisors shall not be liable to you or to any third party for any modification, suspension or temporary or permanent discontinuance of the Website. 11.9 Blocking of IP Addresses. In order to protect the integrity of the Website, Best In Class Advisors reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website. 11.10Privacy. Use of the Website is also governed by our Privacy Policy, as provided on the website. 11.11Disclaimers. Best In Class Advisors is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. Best In Class Advisors is not responsible for the conduct, whether online or offline, of any Consumer, Partner or other third-party users of the Website. Best In Class Advisors assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User input. Best In Class Advisors is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other third party computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will Best In Class Advisors or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury, death or property damage, resulting from anyone's use of the Best In Class Advisors Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Best In Class Advisors Website is provided "AS-IS" and Best In Class Advisors expressly disclaims any warranty of fitness for a particular purpose or warranty of non- infringement. Best In Class Advisors cannot guarantee and does not promise any specific results from use of the Best In Class Advisors Website.In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Best In Class Advisors makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. 11.12 Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because Best In Class Advisors has no control over such sites and resources, you acknowledge and agree that Best In Class Advisors is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Best In Class Advisors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. 12. Termination of Account This Agreement will remain in full force and effect while you use the Website and/or are a Consumer of Best In Class Advisors. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to Best In Class Advisors, 1309 Coffeen Avenue STE 1200 Sheridan, Wyoming 82801 or email notice of termination to the information listed on our website. If you terminate your account, your account will be disabled within 14 days. Best In Class Advisors may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Best In Class Advisors, or at your physical address or addresses provided to Best In Class Advisors. All decisions regarding the termination of accounts shall be made in the sole discretion of Best In Class Advisors. Best In Class Advisors is not required to provide you notice prior to terminating your account. Best In Class Advisors is not required, and may be prohibited, from disclosing a reason for the termination of your account. 13. Best In Class Advisors Customer Care Representative Best In Class Advisors may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that Best In Class Advisors may monitor and/or record any telephone calls between you and Best In Class Advisors. 14. Jurisdiction and Choice of Law If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of Sangamon County, Illinois for the resolution of any such dispute. 15. Dispute Resolution At the sole option of Best In Class Advisors, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA. Best In Class Advisors may elect, in its sole discretion, not to use arbitration for any individual claim. IF ARBITRATION IS CHOSEN BY BEST IN CLASS ADVISORS WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE- ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR BY THE AAA COMMERCIAL ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. 16. Indemnification Consumer agrees to indemnify, defend and hold harmless Best In Class Advisors, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney's fees, resulting from or arising out of any act or omission of Consumer, except to the extent such loss is caused by Best In Class Advisors's sole negligence. It is agreed that with respect to any legal limitations now or hereafter in effect and affecting the validity and enforceability of Consumer's obligation under this Indemnification clause, such legal limitations are made a part of Consumer's obligation to the minimum extent necessary to bring this Indemnification clause into conformity with the requirements of such limitations, and as so modified, Consumer's obligation shall continue in full force and effect. 17. No Third Party Beneficiaries Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Best In Class Advisors and the Consumer, any benefit, right or remedy. 18. SURVIVAL The following provisions shall survive the abandonment, expiration or termination of the Agreement: Agreement with Partner, No Warranty or Endorsement, Interactions and Disputes with Partners, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, Indemnification, No Third Party Beneficiaries, Survival, and any other representations, guarantees and warranties of Consumer or provisions of this Agreement which obligate the Consumer after the abandonment, expiration or termination of this Agreement shall be deemed to survive such abandonment, expiration or termination.