fraud may be brought against the Client by virtue of having been added as an authorized user to any of the Credit Partner's accounts. Client further understands that the possibility of the Credit Partner defaulting on their tradeline, the possibility of the Credit Partner over utilizing their spending on their account by owing more than 15% of their tradeline, and the possibility for the tradeline being closed exists. In any of these scenarios EKC shall issue the Client a full refund and EKC shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
RELEASE Client agrees to permanently and irrevocably release EKC and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by EKC, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory, criminal and other damages of any kind.
INDEMNIFICATION Client shall fully indemnify, hold harmless and defend EKC and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney's fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to EKC, any misrepresentation made to EKC, or the provision of any false, fraudulent, illegal or unauthorized information to EKC, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
DISCLAIMER Client understands and agrees that any and all products and services offered by EKC are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that EKC does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from EKC will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, and that in any such event EKC shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by EKC Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to EKC shall not be refunded to Client, but shall be retained by EKC. It is further understood and agreed that EKC's damages in that event shall not be limited to the fees, costs and other money and funds described above, and that EKC does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that EKC reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify EKC for any fines or other penalties of any kind that EKC may incur as a result of Client's failure or refusal to cooperate with any such investigation.
ABSENCE OF GUARANTEE/SERVICES PROVIDED Client understands and agrees that EKC cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client's credit score or other component of credit worthiness. EKC does not make any claims as to the improvement of the Client's credit rating or the removal or correction of any items appearing on the Client's credit report(s EKC is not a credit repair company in that it does not attempt to correct any information from credit reports on behalf of the Client or anyone else, it does not submit or attempt to resolve disputes on behalf of the Client or anyone else, and it does not make any claims related to the improvement of the Client's credit score, record or history, or anyone else's credit score, record or history.
LIMITATION OF LIABILITY Client agrees that any liability on the part of EKC for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of EKC, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to EKC under this agreement. Client further agrees that EKC shall not be liable for the acts or omissions of any third party, including but not limited to our credit partners, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by EKC.