Sentences with phrase «other connections under»

Defendants with no such presence would also be liable to service outside the jurisdiction, with the Court's permission, based on a far broader range of territorial and other connections under CPR r. 6.37 and PD 6B than are presently available under the Recast's jurisdictional rules.

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
The way Zuckerberg and Facebook may be thinking about user acquisition then has far less to do with simply adding more users, but rather giving communities the tools they need to build meaningful connections (under the assumption that they too will invite others to join the group, and subsequently Facebook as a platform).
PARTICIPANTS IN THE SOLICITATION SolarCity, Tesla, and certain of their respective directors, executive officers and other members of management and employees, under SEC rules may be deemed to be participants in the solicitation of proxies from SolarCity and Tesla stockholders in connection with the proposed transaction.
Shares issued with respect to awards granted under the 2014 Plan other than stock options or stock appreciation rights are counted against the 2014 Plan's aggregate share limit as two shares for every one share actually issued in connection with the award.
We generally do not enter into severance arrangements with our named executive officers, and none of the equity awards granted to the named executive officers under Apple's equity incentive plans provide for acceleration in connection with a change in control or a termination of employment, other than as noted below or in connection with death or disability.
Awards may be granted under the Plan in substitution for or in connection with an assumption of employee, director and / or consultant stock options, stock appreciation rights, restricted stock or other stock - based awards granted by other entities to persons who are or who will become Employees or Consultants in respect of the Company or one of its Subsidiaries in connection with a
Notwithstanding the authority of the committee under the Plan, except in connection with any corporate transaction involving Walmart, the terms of outstanding plan awards may not be amended to reduce the exercise price of outstanding stock options or stock appreciation rights or cancel outstanding stock options or stock appreciation rights in exchange for cash, other plan awards or stock options or stock appreciation rights with an exercise price that is less than the exercise price of the original stock options or stock appreciation rights without the prior approval of Walmart stockholders.
Accordingly, this prospectus and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the shares may not be circulated or distributed, nor may the shares be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than (1) to an institutional investor under Section 274 of the Securities and Futures Act, Chapter 289 of Singapore, (2) to a relevant person, or any person pursuant to Section 275 (1A), and in accordance with the conditions, specified in Section 275 of the Securities and Futures Act or (3) otherwise pursuant to, and in accordance with the conditions of, any other applicable provision of the Securities and Futures Act.
Accordingly, this prospectus and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the shares may not be circulated or distributed, nor may the shares be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than (i) to an institutional investor under Section 274 of the Securities and Futures Act, Chapter 289 of Singapore, or the SFA, (ii) to a relevant person pursuant to Section 275 (1), or any person pursuant to Section 275 (1A), and in accordance with the conditions specified in Section 275 of the SFA or (iii) otherwise pursuant to, and in accordance with the conditions of, any other applicable provision of the SFA, in each case subject to compliance with conditions set forth in the SFA.
Accordingly, this prospectus and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the securities may not be circulated or distributed, nor may the securities be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than (i) to an institutional investor under Section 274 of the Securities and Futures Act, Chapter 289 of Singapore (the «SFA»), (ii) to a relevant person, or any person pursuant to Section 275 (1A), and in accordance with the conditions, specified in Section 275 of the SFA or (iii) otherwise pursuant to, and in accordance with the conditions of, any other applicable provision of the SFA.
Accordingly, this prospectus and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the shares may not be circulated or distributed, nor may the shares be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than (i) to an institutional investor under Section 274 of the Securities and Futures Act, Chapter 289 of Singapore (the «SFA»), (ii) to a relevant person pursuant to Section 275 (1), or any person pursuant to Section 275 (1A), and in accordance with the conditions specified in Section 275 of the SFA or (iii) otherwise pursuant to, and in accordance with the conditions of, any other applicable provision of the SFA, in each case subject to compliance with conditions set forth in the SFA.
Specifically, benefits subject to the HP Severance Policy include: (a) separation payments based on a multiplier of salary plus target bonus, or cash amounts payable for the uncompleted portion of employment agreements; (b) any gross - up payments made in connection with severance, retirement or similar payments, including any gross - up payments with respect to excess parachute payments under Section 280G of the Code; (c) the value of any service period credited to a Section 16 officer in excess of the period of service actually provided by such Section 16 officer for purposes of any employee benefit plan; (d) the value of benefits and perquisites that are inconsistent with HP Co.'s practices applicable to one or more groups of HP Co. employees in addition to, or other than, the Section 16 officers («Company Practices»); and (e) the value of any accelerated vesting of any stock options, stock appreciation rights, restricted stock or long - term cash incentives that is inconsistent with Company Practices.
Accordingly, this prospectus and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of the shares may not be circulated or distributed, nor may the shares be offered or sold, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than (i) to an institutional investor under Section 274 of the Securities and Futures Act, Chapter 289 of Singapore, or the «SFA,» (ii) to a relevant person, or any person pursuant to Section 275 (1A), and in accordance with the conditions, specified in Section 275 of the SFA or (iii) otherwise pursuant to, and in accordance with the conditions of, any other applicable provision of the SFA.
The management fee is a unified fee that includes all of the operating costs and expenses of the Fund (other than taxes, charges of governmental agencies, interest, brokerage commissions incurred in connection with portfolio transactions, distribution and / or service fees payable under a plan pursuant to Rule 12b - 1 under the Investment Company Act of 1940 and extraordinary expenses), including accounting expenses, administrator, transfer agent and custodian fees, Fund legal fees and other expenses.
Trustee directs, at the Trust's expense and risk, or (4) by transfer to the Trust Expense Account in connection with the payment of expenses not borne by the Sponsor, or other transfers permitted under the Trust Agreement.
Limitation of Liability Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website.
«The authorisation of «all necessary measures» is broad and appears to allow the targeting of Gaddafi and others who act to put civilians «under threat of attack», words that go beyond the need to establish a connection with actual attacks,» he wrote in the Guardian last Friday.
NEW YORK (CBSNewYork)-- A former top aide for New York Gov. Andrew Cuomo and several others are under investigation over improper lobbying tactics and conflicts of interest in connection to the «Buffalo Billion» project.
On Thursday, anti-fracking and other protestors called on Cuomo to block a pipeline connection that would supply gas to an under - construction power plant in Orange County.
Savino Connection and Questionable Use of Party Funds The Independence party filings raise other questions on expenditures which included hundreds of dollars spent at the «Whiskey Kitchen» in Valley Cottage shortly after it opened under the ownership of the Savino family.
If the recent discovery of gravitational waves emanating from the early universe holds up under scrutiny, it will illuminate a connection between gravity and quantum mechanics and perhaps, in the process, verify the existence of other universes
«Similar to railway coupling, cells can feel via connections among each other whether they are under pressure or under tension,» the scientist explains.
Under no circumstances Will the total liability of the Endocrine Society and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials on, in, and made available through the Site, or the services, products, information and other materials offered in connection therewith exceed the price paid by you during the preceding six months for use of the Site.
The Weston A. Price Foundation parties will not be liable under any circumstances for any damages, including without limitation general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind, whether in an action in contract or negligence, arising or relating in any way to any party's use of or inability to use the content of this website or any third - party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Weston A. Price Foundation parties are advised of the possibility of such damages, losses or expenses.
If you create an account on the Website you are responsible for: (i) maintaining the confidentiality of passwords and other account identifiers you choose, and (ii) all activities that occur under or in connection with such passwords and account identifiers.
IN NO EVENT SHALL TOMMY BAHAMA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF TOMMY BAHAMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Craving connection with others, Nancy (Andrea Riseborough) creates elaborate identities and hoaxes under pseudonyms on the internet.
But as U.S. Congressman J. Parnell Thomas (James DuMont) and the House Un-American Activities Committee fire up their anti-communist witch hunt in Washington, with the staunch support of gossip columnist Hedda Hopper (Helen Mirren), Trumbo and his friends are called on to admit their Communist Party connections and out all the other radicals and subversives they've allowed under their roofs.
Matthew Fox is the ostensible star as Jack, the doctor who steps up as group leader in the first episode, but it quickly settles in as a dense ensemble show with characters who have vivid backstories: tough, raven - haired beauty Kate, whose fair looks hide a rough outlaw past (Evangeline Lilly), con man Sawyer (Josh Holloway) who hides his bitterness under a country - boy voice and a suspicious smile, Iraqi communications specialist and Gulf war veteran (he fought on the other side) Sayid (Naveen Andrews), steely survivalist John Locke (Terry O'Quinn), who has a mystic, one might say miraculous, connection to the island, pregnant single mother - to - be Claire (Emilie de Ravin) running from a fortune - teller's prophecy, washed - up rock star and heroine addict Charlie (Dominic Monaghan), Korean couple Jin and Sun Kwon (Daniel Dae Kim and Yoon - jin Kim) with mob connections and no English skills (or do they?)
Death Wish joined Mean Streets, Taxi Driver, Serpico, The French Connection and other socially - conscious movies of the era in putting New York under the microscope, revealing a screeching subway system covered in graffiti, trash - strewn streets and an omnipresent criminal element.
Under The Influence is a video series that traces the themes, inspirations, or other connections from a new release to a great film of the past.
You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account.
Although they insist — on the one hand — that there is no connection between the state and the voucher funded schools, they simultaneously stipulate — on the other hand — that racially discriminatory or other undesirable schools need not or should not be funded under these programs.
Others suggested that MELAF served as an umbrella, under which they could see the connections between their beliefs and practices.
(a) From each State's allotment under this part for any fiscal year, the Secretary shall pay to such State or, at the option of the State agency designated pursuant to section 101 (a)(1), to a public or nonprofit organization or agency, a portion of the cost of planning, preparing for, and initiating special programs under the State plan approved pursuant to section 101 to expand vocational REHABILITATION services, including programs to initiate or expand such services to individuals with the most severe handicaps, or of special programs under such State plan to initiate or expand services to classes of handicapped individuals who have unusual and difficult * problems in connection with their REHABILITATION, particularly handicapped individuals who are poor, and responsibility for whose treatment, education, * and REHABILITATION is shared by the State agency designated in section 101 with other agencies.
Each recipient of a grant or contract under this ACT shall kep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant or contract, the total cost of the project or undertaking in connection with which such grant or contract is made or funds thereunder used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit.
Cars.com expressly reserves the right to release any personally identifiable information or other information you provide to third parties under the following circumstances: (a) when required by law or legal process, (b) to investigate and / or take action against illegal activity, suspected abuse or unauthorized use of the Site, (c) to protect the property or safety of our users or others, (d) to enforce our Terms of Service and (e) in connection with any sale or other transfer of ownership of all or a part of Cars.com.
(b) If the contractor has insured the same aircraft against loss or destruction in connection with other operations, the amount of such insurance coverage on the date of the loss or damage for which the Government may be responsible under this contract.
The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 603.
Air Conditioning, AM / FM Stereo, Antenna Type: Fixed, Child safety locks: Yes, Clock: In - radio display, Cruise Control, Cupholders: Front and rear, Driver Airbag: Yes, Front air conditioning: Manual, Front brakes: Ventilated disc, Front wipers - intermittent: Variable intermittent, Gasoline, In - Dash CD: Single, Low fuel level: Low fuel level, Passenger Airbag: Yes, Power Door Locks, Power Steering, Power Windows, Retained accessory power: Retained accessory power, Tilt Wheel, Total Number of Speakers: 4, Under Seat Storage: Under seat storage, Vanity mirrors: Dual vanity mirrors, Steering wheel: Tilt - adjustable, 2 - Stage unlocking: 2 - stage unlocking, ABS (4 - Wheel), ABS: 4 - wheel, Anti-theft alarm system: Yes, Antilock Brakes: 4 - wheel, CD: MP3 (Single), Cruise control: Cruise control, Dash trim: Metal - look, Door pockets: Driver, passenger and rear, Driver mirror adjustment: Power remote, engine immobilizer: Engine immobilizer, External temp: External temperature display, Four - wheel antilock brakes: Four - wheel antilock brakes, Head airbag: Head airbag, Head airbags: Curtain 1st and 2nd row, Passenger mirror adjustment: Power remote, Power steering: Speed - proportional electric power steering, Power windows: Power windows, Seatback storage: 2, Side airbag: Side airbag, Speed Sensitive Volume Control: Yes, Tachometer: Tachometer, Traction control: Traction control, Audio controls on steering wheel: Audio controls, Cruise controls on steering wheel: Cruise controls, Floor mats: Carpet front and rear, Air Bags: Dual Front, Compass: Compass, Grille: Chrome, Steering wheel trim: Urethane, Traction control: ABS and driveline, Air Bags (Side): Front, BLUE, Seat: Power Driver, Traction Control, Wheels: Aluminum / Alloy, Ford, 12V DC power outlet: 3, Privacy glass: Deep, Radio: AM / FM / Satellite - prep, Bluetooth Wireless, Daytime Running Lights, Stability control: Stability control, 4WD, Four Wheel Drive, Towing Pkg, Full Size Truck, Stability control: Stability control with anti-roll, Camera: Backup / Rear View, Mirrors: Power, Steering Wheel Controls: Audio, Steering Wheel Controls: Other, Power door locks: Remote, digital keypad power door locks, SYNC, Bed Liner, Memory Card Slot: SYNC, Automatic 6 - Spd, Auxiliary Audio Input, Fog Lamps, XLT, 2013, AdvanceTrac, Running Boards, F150, F150 4WD, Supercrew XLT 6 1/2, Mirrors: w / Turn Signals, Custom Bumper, Sirius Satellite, Adjustable Pedals, USB Connection, Power Sliding Rear Window, Air Bags: Head Curtain, Hill Start Assist Control, V6 EcoBoost Twin Turbo 3.5 Liter, Grille Guard
Compact Spare Tire Mounted Inside Under Cargo, Fully Automatic Aero - Composite Halogen Headlamps w / Delay - Off, Chrome Grille, Wheels: 16» Steel w / Full Wheel Covers, Body - Colored Front Bumper, Trunk Rear Cargo Access, Chrome Side Windows Trim and Black Front Windshield Trim, Variable Intermittent Wipers, Light Tinted Glass, Clearcoat Paint, Fully Galvanized Steel Panels, Steel Spare Wheel, Chrome Door Handles, Body - Colored Power Side Mirrors w / Manual Folding, Fixed Rear Window w / Defroster, Body - Colored Rear Bumper, Full Cloth Headliner, Perimeter Alarm, Engine Immobilizer, Premium Cloth Seat Trim, Trip Computer, Remote Releases - Inc: Power Cargo Access and Mechanical Fuel, Radio w / Seek - Scan MP3 Player Clock Speed Compensated Volume Control Aux Audio Input Jack Steering Wheel Controls Voice Activation and Radio Data System, Front Bucket Seats - inc: 6 - way adjustable driver's seat, Delayed Accessory Power, Full Floor Console w / Covered Storage Mini Overhead Console w / Storage and 1 12V DC Power Outlet, Window Grid Antenna, Power Rear Windows, Manual Air Conditioning, Glove Box, 1 Seatback Storage Pocket, FOB Controls - inc: Trunk / Hatch / Tailgate, 1 12V DC Power Outlet, Full Carpet Floor Covering, Fade - To - Off Interior Lighting, Gauges - inc: Speedometer Odometer Engine Coolant Temp Tachometer Trip Odometer and Trip Computer, Analog Display, Front Map Lights, Radio: NissanConnect AM / FM / CD Audio System - inc: 6 speakers USB connection port for iPod interface and other compatible devices 5» color display mobile apps streaming audio via Bluetooth and SiriusXM Satellite radio, Cargo Space Lights, NissanConnect Selective Service Internet Access, Seats w / Cloth Back Material, Driver And Passenger Visor Vanity Mirrors w / Driver And Passenger Auxiliary Mirror, Driver Foot Rest, Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints, Interior Trim - inc: Piano Black Instrument Panel Insert Piano Black Door Panel Insert Piano Black Console Insert and Chrome / Metal - Look Interior Accents, Sliding Front Center Armrest and Rear Center Armrest, Urethane Gear Shift Knob, Outside Temp Gauge, 60 - 40 Folding Split - Bench Front Facing Fold Forward Seatback Rear Seat, Carpet Floor Trim and Carpet Trunk Lid / Rear Cargo Door Trim, Power Door Locks w / Autolock Feature, Front Cupholder, Leather / Metal - Look Steering Wheel, Rear Cupholder, Day - Night Rearview Mirror, Remote Keyless Entry w / Integrated Key Transmitter Illuminated Entry Illuminated Ignition Switch and Panic Button, Proximity Key For Doors And Push Button Start, Valet Function, Manual Tilt / Telescoping Steering Column, Air Filtration, 4 - Way Passenger Seat - inc: Manual Recline and Fore / Aft Movement, Cruise Control w / Steering Wheel Controls, Instrument Panel Covered Bin Driver / Passenger And Rear Door Bins, Power 1st Row Windows w / Driver 1 - Touch Up / Down, Cloth Door Trim Insert, Torsion Beam Rear Suspension w / Coil Springs, Gas - Pressurized Shock Absorbers, Transmission: Xtronic CVT, Electric Power - Assist Speed - Sensing Steering, Brake Actuated Limited Slip Differential, 3.52 Axle Ratio, 13.2 Gal.
6 Ways Twitter Lists Can Help Build Your Author Platform This guest post from Marcy Kennedy over on TheBookDesigner, shows how to use the often under - utilized Twitter «list» function to make sense of your Twitter stream and dial into those connections with other writers, other industry figures, and most importantly, your readers.
# 8 Funniest Clause from the Competitor's Contract — We may, in our sole discretion, at any time, and without notice to you remove, or refuse to list or distribute any Content on or from any sales channel, but you will remain liable for all fees and other amounts that you may owe under this Agreement in connection with any Title or Promotional Clip we remove because of a violation of this Agreement or our Content Guidelines.
T. «Wholesale Price» means (1) the net amount, after any discounts or other adjustments (not including promotional allowances subject to Section 2 (d) of the Robinson - Patman Act, 15 U.S.C. 13 (d)-RRB-, that an E-book Retailer pays to an E-book Publisher for an E-book that the E-book Retailer Sells to consumers; or (2) the Retail Price at which an E-book Publisher, under an Agency Agreement, Sells an E-book to consumers through an E-book Retailer minus the commission or other payment that E-book Publisher pays to the E-book Retailer in connection with or that is reasonably allocated to that Sale.
Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.
(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).
A credit repair business and its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit repair business, shall not do any of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit repair business has agreed to perform for or on behalf of the consumer; (2) Charge or receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public; (3) Represent that it can directly or indirectly arrange for the removal of derogatory credit information from the consumer's credit report or otherwise improve the consumer's credit report or credit standing, provided, this shall not prevent truthful, unexaggerated statements about the consumer's rights under existing law regarding his credit history or regarding access to his credit file; (4) Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known or which by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension of credit, with respect to a consumer's creditworthiness, credit standing, or credit capacity; or (5) Make or use any untrue or misleading representations in the offer or sale of the services of a credit repair business or engage, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale of the services of a credit repair business.
(a) Any creditor, when extending credit with respect to a consumer credit transaction, other than under an open - end credit plan, shall at that time furnish to the debtor a copy of each instrument executed by the debtor in connection with the consumer credit transaction.
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