Speedy Settlement Loans

Warranty of Confidentiality and Conflict of Interest Check

Herein contains a warranty of confidentiality and conflicts of interest check by and between the plaintiff, plaintiff’s broker, Speedy Settlement Loans, outside consultants or legal counsel, and any funding source.

Definitions

“Speedy Settlement Loans” (Company): Includes the entity of Speedy Settlement Loans, its agents, employees, officers, owners, and shareholders, and Advisory Board.

Plaintiff: That person or entity seeking funding via Speedy Settlement Loans.

Attorney: That person or entity representing plaintiff and/or seeking funding via Speedy Settlement Loans.

Outside consultants and/or legal counsel: Speedy Settlement Loans may choose to hire and/or employ outside consultants and/or legal counsel for the purpose of conducting a due-diligence evaluation of plaintiff’s pending claim/case so as to determine its merits for funding purposes. Results of this due-diligence will be disclosed to the parties hereto in the following format:

“Lending recommendation”-Yes/Now

“Risk-assessment fee”-Contingent on inherent-risk of lawsuit

Funding sources: Those individuals/entities which/that provide(s) funding to the plaintiff, either with or without a broker.

Outside consultants and legal counsel

1) Before any funding request is presented to any outside consultant or legal counsel, the names and issue of litigation dispute (via public record only) will be disclosed to confirm no conflict of interest.

2) All consultants and legal counsel employed, hired, contracted with, or mere conversations shall be predicated by having said consultant and/or legal counsel execute this instrument of Confidentiality and Warranty of No Conflicts. 

In exchange for good and valuable consideration, the parties listed above agree to be bound to the terms and conditions of this Agreement as it relates to plaintiff’s specific funding request. The term of this Agreement shall run for a period of 10 years.

Confidentiality:

I understand that this transaction involves a request for litigation funding by the plaintiff and/or and attorney. This funding is based on the outcome of a pending case/claim.

As part of this transaction, the parties hereto shall become aware of certain information considered “confidential information,” including but not limited to, amount requested, that a request has even been made, that request was either funded or rejected, parties to the transactions, plaintiff’s financial status, plaintiff’s credit report, attorney information, case-related information provided by plaintiff and/or attorney, and any other information necessary to effectuate the funding request. Therefore, all parties hereto agree to all “confidential information” concerning this funding request shall remain confidential except to their employees, attorneys, and parties for purposes of effectuating the fulfillment of this funding request.

As a party hereto, I agree to not use, publish and disclose confidential information, except in the performance of my duties for this funding request and in accordance with above confidentiality policy. I agree neither to use nor disclose such confidential information for my own benefit or for the benefit of any other purpose or business entity.

I agree to exercise my best efforts to protect confidentiality of confidential information in my possession. Confidential information shall not include information which (a) is or becomes generally known as public information through no fault of my own; (b) was known to me at the time it was disclosed; (c) is lawfully and in good-faith made available to me by a third party who did not derive it from any parties hereto and imposes no obligation of competence on me; or (d) is required to be disclosed by governmental authority or by order of a court of competent jurisdiction, provided that such disclosure is subject to all applicable governmental or judicial protection available for like-material and reasonable advance-notice is given to the relevant parties hereto.

Conflicts of interest:

I hereby represent to the parties hereto that I/we am/are not bound by any or any other previous or existing, personal or business relationship, which conflicts with or prevents a full performance of my duties and obligations to fulfill this funding request, including my duties and obligations under either this or any other with any party hereto. Should I become aware of such conflicts, I will promptly notify each of the relevant parties hereto of said conflict.

Effective provisions:

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or invalid in any respect, such invalidity, illegality, and/or unenforceability shall not affect any other provisions of this Agreement, and all of the provision shall remain in-force and effect. If any of the provisions of this is held to be excessively-broad, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law.

No delay or omission by any party hereto in exercising any right under this Agreement will operate as a waiver of either that or any other right. No waiver or consent given by any party hereto, on any occasion, will be construed as a either bar to or continuing- waiver of any rights on any other occasion.

Arbitration:

Any controversy or claim between the parties arising out of or relating to this which cannot be resolved by of the parties, upon written demand of either party to the other, shall be exclusively settled by binding arbitration before a single arbitrator in Dallas, Texas, in accordance with the rules then in effect of the American Arbitration Association (“AAA”), except that the arbitrator shall apply Texas law (without regard to his choice of law or conflict of law principles) with respect to all substantive matters in the arbitration proceedings. The parties agree that punitive, treble, or any other like-style multiple damages shall not be awarded under any circumstances. Parties further agree to consider themselves bound by, and shall pay the costs and fees of arbitration in accordance with, any award made by the arbitrator, and that a judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Choice of forum:

This shall be construed as a sealed-instrument and shall in all events and for all purposes be governed by, and construed in accordance with, the laws of the state of Texas without regard to any choice of law principles that would dictate the application of the laws of any other jurisdiction.

Remedy:

I acknowledge that the restrictions contained in this Agreement are necessary for the protection of the litigation funding request and/or reasonable for such purposes. I/we agree that any breach of this Agreement will cause irreparable harm to the parties hereto and, in the event of such breach, the non-breaching party shall be entitled, in addition to monetary damages and to any other remedies available under this Agreement and at-law, to equitable relief, including injunctive relief, and the payment of all costs incurred by the non-breaching party in enforcing the provisions of this Agreement, including reasonable attorney’s fees.

I HAVE READ ALL OF THE PROVISIONS OF THIS AND I UNDERSTAND, AND AGREE TO, EACH OF SUCH PROVISIONS.

Print