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Please indicate your consent to the terms and conditions of the Agreement by clicking on the "I Agree" button below. By clicking on the "I Agree" button, you are providing your consent to this Statement, and you are confirming that you have accessed, read, understood and agreed to the terms and conditions and disclosures of the registration agreement, and all other information provided to you in electronic form.
MPowerMe, Inc. Seminar Registration Agreement (Recorded Notice of Default Form) MPowerMe, Inc. Office Address: 6380 Wilshire Boulevard, Suite 1200 Los Angeles, CA 90048 Phone 323-545-4925 Fax 323-951-9926 IMPORTANT NOTICES AND DISCLOSURES: The fee specified in this agreement for the seminar program and seminar materials (the “Services”) provided by MPowerMe, Inc. (the “Company”) is not fixed by California law. Attendee is compensating the company for the Services, some portion of which may be available to Attendee at no charge from a governmental housing counselor or by contacting Attendee’s lender(s) directly. California Civil Code Section 2945.1(b)(3) prohibits the Company from claiming, demanding, charging, collecting or receiving any compensation or advance fee from a person whose residence has a Notice of Default recorded against it until all of the promised services have been fully performed and completed. This agreement for the Services is not an advance fee agreement, and Attendee will not be charged for the Services until after the conclusion of the seminar program, at which point in time the Services will have been fully performed and completed. None of the Company’s representatives, including the instructors of the seminar program, are licensed real estate brokers under the California Business and Professions Code or the California Department of Real Estate. The Company does not warrant the accuracy or completeness of the seminar materials or the reliability of any advice, opinion, statement or other information related or distributed through the Services. Attendee acknowledges that any reliance on any such opinion, advice, statement, memorandum, or information shall be at Attendee’s sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Services. The Company reserves the right, in its sole discretion, to modify the date, time and location of the seminar program. Upon providing notice to Attendee, and prior to the commencement of the seminar program, the Company reserves the right to cancel the Services without any ongoing obligation to Attendee. In the event of cancellation by the Company, Attendee’s payment information will not be processed by the Company and Attendee will not incur any charges in connection with the Services. The Company is providing Attendee with seminar materials and a seminar program, which Services Attendee can utilize in evaluating Attendee’s options regarding any loan to Attendee. The Company does not warrant the applicability of the Services to the specific facts of Attendee’s circumstances. Attendee and the Company agree that the Company’s obligations to Attendee, and all Services contemplated by this agreement, will be complete upon conclusion of the seminar program. Notwithstanding any information that Attendee receives or interprets through the Services, Attendee acknowledges that the Company cannot guarantee that Attendee’s existing lender(s) will agree to a modification of any loan to Attendee, and that Attendee's existing lender(s) is not obligated to modify the terms of the loan(s) in any way and may not agree to any changes in the loan(s). The Services do not constitute legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing related or distributed through the Services should be used as a substitute for the advice of competent legal counsel. The Standard Terms and Conditions, attached hereto as Exhibit A are hereby incorporated by reference and shall govern all other rights and obligations of the Company and Attendee under this agreement. Attendee represents and warrants that the information provided to the Company in this agreement is true and correct, including the information with respect to the Subject Property, and that the information provided to the Company has caused the Company to rely on Attendee’s information in entering into this agreement in compliance with California law. ATTENDEE CERTIFIES BY AGREEING TO THE TERMS AND CONDITIONS HEREIN THAT ATTENDEE IS A CALIFORNIA RESIDENT, ATTENDEE’S PROPERTY, INCLUDING ANY SUBJECT PROPERTY, IS LOCATED IN CALIFORNIA, AND ATTENDEE HAS READ, UNDERSTOOD AND AGREED TO THE “IMPORTANT NOTICES AND DISCLOSURES” AND THE “STANDARD TERMS AND CONDITIONS” SECTIONS ATTACHED HERETO AS EXHIBIT A. NOTICE REQUIRED BY CALIFORNIA LAW: PURSUANT TO CALIFORNIA CIVIL CODE, SECTION 2945.3(B), THE COMPANY OR ANYONE WORKING FOR THE COMPANY CANNOT: (1) TAKE ANY MONEY FROM YOU OR ASK YOU FOR MONEY UNTIL THE COMPANY HAS COMPLETELY FINISHED DOING EVERYTHING THE COMPANY SAID IT WOULD DO; AND (2) ASK YOU TO SIGN OR HAVE YOU SIGN ANY LIEN, DEED OF TRUST OR DEED. ATTENDEE MAY CANCEL THIS TRANSACTION AT ANYTIME PRIOR TO MIDNIGHT OF THE FIFTH BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. Notice of Cancellation If you own a property that has a Notice of Default recorded against it, you may cancel this transaction, without any penalty or obligation, within five business days from the above date. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram, to the Company at 6380 Wilshire Boulevard, Suite 1200. You may also cancel by sending a fax of a signed and dated copy of this cancellation notice, or any other written notice, to the following number: 323-951-9926. You may also cancel by sending an email canceling this transaction to the following email address: cancellations@mpowerme.org. Exhibit A STANDARD TERMS AND CONDITIONS: GOVERNING LAW. This agreement shall be governed by and construed under the laws of the State of California, without giving effect to conflict of law principles. AMENDMENTS. Except as set forth herein, this agreement may not be amended or modified orally and no provision of this agreement may be waived or amended except in a writing signed by Attendee and the Company. SEVERABILITY. If any provision in this agreement is determined to be invalid, illegal or otherwise unenforceable, the determination will not affect any other provision of this agreement. The invalid provision will be severed from this agreement and all remaining provisions will continue to be in full force and effect. DISPUTE RESOLUTION. The parties to this agreement will endeavor to resolve any disputes or disagreements between them with respect to or concerning this agreement in a fair and amicable manner. However, if the parties are unable to resolve any such disputes between and/or among themselves (whether in law or equity), the parties expressly agree to binding, neutral arbitration in accordance with the California Code of Civil Procedure with any recognized California arbitration service. Said binding arbitration shall be the exclusive dispute resolution mechanism for seeking legal redress under this agreement. The arbitration hearing shall be conducted pursuant to the California rules of evidence and shall occur in the county where the Subject Property is located. The parties agree to share equally the costs of any such arbitration. Reasonable attorney's fees and costs shall be awarded to the prevailing party. COPYRIGHT. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Services are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Services, is strictly prohibited. The posting of information of materials by the Company on its website, or in any other medium of communication, does not constitute a waiver of any of the Company’s rights in such information and materials or of any portion of the Services. TRADEMARKS. This agreement does not contain a license or grant from the Company of the right to use, and Attendee shall have no right to use and agrees not to use in any manner, any of the tradenames, trademarks, brands, logos, symbols, emblems, designs, or colors of the Company, including without limitation those used in the seminar materials for any purpose whatsoever. TIME OF ESSENCE. Time is of the essence with respect to every provision of this agreement that specifies a time for performance. ENTIRE AGREEMENT. This agreement constitutes the entire agreement and a complete and exclusive expression of the parties' agreement respecting the Services contemplated. This agreement may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. ASSIGNMENT. No assignment by Attendee or the Company of this agreement, or of any rights or obligations hereunder, shall be valid without the prior written consent of all of the signatories to this agreement. PAYMENT AND CANCELLATION POLICY: All prices for the Services are stated in United States dollars. In advance of the Services being completed, the Company collects from Attendee all payment information necessary to process payment for the Services. Payment for the services is not processed, and charges to Attendee are not incurred, until after the Services have been rendered by the Company. Attendee authorizes the Company to process payment information, and charge Attendee’s credit card, upon completion of the Services. Attendee must notify a Company representative promptly after the conclusion of the seminar program, on the date that the Services are rendered, if Attendee wishes to pay with an official check or money order in lieu of credit card payment. If Attendee elects to pay, and does so pay, with an official check or valid money order, Attendee’s credit card information will not be processed. No personal or third-party checks are accepted. Official checks not honored for any reason are subject to an immediate $30 service charge. Any costs of collection, including legal fees, are the responsibility of the debtor Attendee. California law provides Attendee with certain rights to cancellation of this agreement. Without limiting the rights and protections provided to Attendee under California law, If Attendee wishes to cancel this agreement on the day of the seminar program Attendee must cancel prior to the conclusion of the first break during the seminar program (the “First Break”). All cancellations made in person on the date of the seminar program must be brought to the attention of a Company representative prior to the conclusion of the First Break. No cancellations will be allowed once the seminar program has resumed following the First Break. There are no refunds or returns for seminar materials once the seminar program has resumed following the First Break.
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