By using Mogul Credit Co. platform and services, you agree to these Terms of Service ("Terms") and any future amendments. If you do not agree, do not use the platform or services. The Terms include a mandatory arbitration clause and a class action waiver, requiring disputes to be resolved through binding arbitration and waiving your right to participate in a class action lawsuit.
2. Eligibility and Access
Eligibility:
You must be at least 18 years old to use the platform. By accepting these Terms, you confirm that you meet this requirement and have the authority to enter into this agreement.
Access:
Your access to the platform is a revocable license, contingent on your adherence to these Terms. We may suspend or terminate your access at any time for violation of these Terms.
Password Security:
You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
3. Use of Platform
Intended Use:
The platform is intended for lawful purposes. You may not use it in a manner that violates any applicable law or regulation. You are responsible for the compliance of your actions and those of your employees and customers with these Terms.
Prohibited Uses:
You may not use the platform for any fraudulent or deceptive purposes, to cause nuisance, or in violation of intellectual property rights.
Third-Party Services:
You may access third-party services through the platform. Mogul Credit Co. is not responsible for the acts or omissions of any third-party services provider. Your use of third-party services is governed by your agreement with the third-party provider.
4. Payment Terms
Subscription Fees:
The Subscription Fees, when paid, are non-refundable and accrue on the first day of each term or successive renewal term until canceled, regardless of whether or not the Admin actually uses the Site or the Services. Various Services on the Site, whether offered by Mogul Credit Co., third-party service providers or others, may require additional fees or charges not included within a subscription. Admins are responsible for paying all subscription fees on time.
Fees are non-refundable and charged in advance for each subscription term.
Mogul Credit Co. reserves the right to modify the fees with 30 days’ notice.
Admin's subscription to the Site shall be for the initial term (e.g., monthly or annually) as may be agreed by Admin and Mogul Credit Co. through online registration and shall automatically renew for indefinite successive renewal terms for the same period as the initial term, unless terminated by Admin or Mogul Credit Co. in accordance with the provisions of these Terms.
Cancellation:
Either Mogul Credit Co. or Admin may cancel Admin’s Subscription at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of cancellation by Mogul Credit Co. or by Admin, all fees due to Mogul Credit Co. up to the end of the then-current term billing cycle at time of cancellation shall remain payable to Mogul Credit Co.
No refunds will be provided for partial billing periods, unless otherwise specifically stated in an applicable promotional offer. Upon cancellation, Admin will retain access to Mogul Credit Co. CRM system through the end of Admin’s billing period. After the end of such billing period, Admin’s user profile will be archived, whereas then-current content will be available on a read-only basis, and no new content may be added.
Admins may cancel their subscription by any of the methods below:
(1) Sign into Admin’s Mogul Credit Co. account, click on “Settings” and click on “Billing” then “Cancel subscription”; or
(2) Send a cancellation request via email to: [email protected]
If at any time Mogul Credit Co. believes, in its sole discretion, that an Admin has violated any provision of these Terms, Mogul Credit Co. may immediately terminate that Admin’s Subscription and all other Services without any refund or other remedy, and all fees due to Mogul Credit Co. up to the end of the then-current billing cycle at the time of such termination shall remain payable to Mogul Credit Co.
Such termination will not limit any other right by Mogul Credit Co. under contract, tort or any other legal theory to pursue any claim or cause of action against the Admin for violating these Terms, including without limitation, monetary damages, injunctive relief, attorney's fees and court costs.
Account Discrepancies:
Admin may contact Mogul Credit Co. by e-mail at: [email protected] concerning charges or other questions regarding the status of Admin's account.
However, if Admin's account-related questions are not satisfactorily resolved within fifteen (15) business days of Admin's first calling or sending an e-mail to Mogul Credit Co.
Support regarding such questions, Admin must write to Mogul Credit Co. at:
Mogul Credit Co
848 Brickell Ave PH5
Miami, FL 33131 -
delivered by United States mail.
Notwithstanding the foregoing, in no event may Admin dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by Admin. Otherwise, except as required by applicable law, any and all such Admin complaints are waived by Admin.
5. Dispute Resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
This section shall be referred to as the “Arbitration Agreement.”
Scope of Arbitration Agreement:
You agree that any dispute or claim relating in any way to your access or use of the Services, as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received, or to any aspect of your relationship with us will be resolved by binding arbitration, rather than in court.
Exceptions:
Class Action Waiver:
IF YOU AGREE TO ARBITRATION WITH MOGUL CREDIT CO., YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT OR ARBITRATION.
Informal Resolution First:
You and Mogul Credit Co. agree to first attempt to resolve any dispute informally by meeting (via phone or video) within 60 days of a written notice of the claim. If represented by counsel, both you and your counsel must participate.
To initiate informal resolution, email [email protected], providing your username, the email associated with your account, and a brief description of the claim.
Arbitration Rules and Forum:
Mogul Credit Co. will cover arbitration fees for claims under $10,000 or when the arbitrator finds you can’t afford the costs.
Arbitrator Powers:
Waiver of Jury Trial:
YOU AND MOGUL CREDIT CO. WAIVE THE RIGHT TO A JURY TRIAL. All disputes must be resolved through arbitration, unless exempt.
Waiver of Class or Consolidated Actions:
Claims must be brought individually. No class actions, joint, or consolidated arbitrations allowed.
If this waiver is deemed unenforceable for a particular claim, that claim must be resolved in court.
Batch Arbitration Clause:
If 100+ similar demands are made by the same firm/organization within 30 days, arbitrations will be grouped into batches of up to 100 claims, each with one arbitrator, to improve efficiency.
Opt-Out Option:
You may opt out of arbitration by notifying Mogul Credit Co. in writing within 30 days of agreeing to this Arbitration Agreement. Send opt-out notice with your name, address, email, and a clear statement of your wish to opt out to: [email protected]
Survival:
This Arbitration Agreement survives termination of your relationship with Mogul Credit Co.
Future Modifications:
Material changes to this clause will not apply to disputes of which you have already provided notice.
6. Liability and Indemnification
Mogul Credit Co. is not liable for any indirect, incidental, or consequential damages. Our total liability is limited to the amount you paid for the service in the two months preceding the event giving rise to the claim.
Indemnification:
You agree to indemnify Mogul Credit Co. against any claims or liabilities arising from your misuse of the platform or violation of these Terms.
7. Intellectual Property and Privacy
Intellectual Property:
Mogul Credit Co. owns all rights to the platform and its content. Your use of the platform does not grant you any ownership rights.
Privacy Policy:
By using the platform, you agree to Mogul Credit Co.’s Privacy Policy, which outlines our data collection and usage practices. [See full Policy HERE]
8. Changes to Terms
Mogul Credit Co. reserves the right to update these Terms at any time. Changes are effective immediately upon posting. Continued use of the platform constitutes acceptance of the revised Terms.
9. Termination
Mogul Credit Co. may terminate your account and access to the platform at any time, with or without cause. In the event of termination, all fees due remain payable.
10. Contact Information
For any questions or concerns regarding these Terms, you may contact Mogul Credit Co. at [email protected]
or by U.S. mail at the address below:
Mogul Credit Co.
Attn: Privacy Officer
848 Brickell Ave PH5
Miami, FL 33131