The terms and conditions of this non-exclusive agreement ("Agreement") are effective and in force between visitors or clients of Kreiken.com or its related properties, referred to as "Client(s), you, your" and their related entities or properties, and Jarps Ltd, Inc. referred to as “Kreiken, us, we, our”.

These terms may change from time to time at our sole discretion, so it is recommended to review them regularly if using our Service. If you do not agree to all terms and conditions herein you must cease any use of our sites or services immediately.

Additional terms and rights, specific to you as a client, are addressed in the engagement and operational agreements provided to you at the onset of our Service and are not subject to change without the express written consent of both you and us.

In this Agreement, the term "Service(s)" shall mean the services and products offered by Kreiken. All sales of Kreiken's Services to Client shall be made pursuant to this Agreement and it shall control all aspects of the dealings between Kreiken and Client unless a specific, written, additional agreements are provided by Kreiken and agreed to by both parties as noted above.

Kreiken grants to Clients with accounts in good standing as provided in the engagement and operational agreements the right to invest in select accounts receivable ('customer notes') via approved 401k plans using our property, processes, and reporting. Kreiken will accept responsiblity to act as a Fiduciary toward the Client's Plan for the protection of its participants as required under CPTE 85-68. Client understands that other Clients may have similar or materially different agreements they’re subject to depending on their engagement with Kreiken.

Client agrees that they are legally authorized to act on behalf of their company and its 401k plan.

If a scheduled payment declines we’ll automatically retry that payment again up to three times during the next 10 days.

While this makes sure we don’t bother you over a glitch or delay in the system, it also means that you may be subject to fees from your financial institution (not from us).

If there’s any reason you need to alter the source of any scheduled payments just let us know and we’ll work with you over a reasonable timeframe, typically 1-2 business days, to make the changes requested.

In the case of normal payment operations you agree we will not be held liable for any charges you incur by your financial institution due to our attempted charges of payment due.

Invoices for Services are due on the 5th of the month following when the Service was rendered. Kreiken may attempt to collect payment at a date later than the scheduled due date, but not before. Client agrees to accept an accurate credit card or bank draft charge, and that they have proper authorization to use the provided credit card or bank account for Kreiken's Services.

If a bill is not paid, and alternative payment can’t be made promptly, Kreiken reserves the right to suspend Client’s ability to use or access Kreiken licenced property and can expressly elect to no longer maintain the role of a fiduciary toward Client's 401k plan and its participants. THIS COULD MATERIALLY IMPACT CLIENT AND PARTICIPANT TAX SITUATIONS IN SEVERAL DIFFERENT, HIGHLY NEGATIVE, WAYS. Client acknowledges that they shall bear full responsibility for all costs associated with any such separation from our Service if there is an unresolved payment matter and will fully imdemnify us for any related matters.

Kreiken doesn’t monitor public site users using personally identifiable methods. We do use analytic software and data to better understand what is most useful to site users. This means we can see that a given user was on the FAQ page 8 minutes, left, and then came back days later and messaged us. It also means the privacy and ad targeting policies of firms like Facebook, AdRoll, YouTube and Google may be relevant to you. You can learn more about controlling your information here: http://optout.aboutads.info/#/

We do not share your name, information, or activity with third parties except as needed to provide accurate report access to you, process payment transactions, send requested emails, manage analytic or ad campaigns, credit affiliate sales, other business deemed necessary, or if legally compelled (such as by a government agency regarding suspected abuse, copyright violations, or other concerns of their realm).

Upon request by a Client we will access your account to help you achieve a task, add, delete, or observe something in our records. If you have any concerns or questions call or email us prior to additional use of our site or Service.

Our primary Service allows 401k participants, business owners or otherwise, to invest in the accounts receivable of their firm under DOL's ('Department of Labor') CPTE 85-68. While this activity is expressly allowed, there is always the possibility that any investment will not work out in spite of reasonable caution and care.

Further; when the investment made is in an asset that closely connected to the participants source of income many professionals consider that an elevated risk that must be factored in against any potential return (much like 'stock options' are often viewed as a worthwhile investment but also bring diversification and other considerations to the table).

It is also possible that the DOL may change their position and increase adminstrative burden, make operation more complex, alter taxation, or even prevent this type of investment in the future.

It is possible that a given Client, or class of Client, may find the DOL or IRS in the future challenge the validity of some aspect of their use of the Service. While we strive to follow the rules carefully, and the DOL is usually favorable to plans and their participants in the event of an error, there is no guarantee this will continue and if a Client faced an unfavorable determination it could result in material loss to the Client or its particpants.

We will happily refund any Client if they're unsatisfied with our Service for any reason provided we are notified within 30 days of the billing. Kreiken shall not be obligated to refund any sum 30 days after payment is made; but we are willing to consider such a refund if the matter is brought to us in good faith.

Giving is important to us, and we’re happy if we can help people set up retirement accounts and support a charity at the same time.

You may well see an event or promotion we’re part of connected to a charity we’re supporting. If you invest in our Services via one of these special events or promotions our refund policy is the same as our normal refund policy with one important difference: We can’t refund the amount of your payment that went to the charity (a sum which will be known prior to payment).

A common sense matter, but our lawyer made us spell it out.

If a Client fails to notify us by emailing ‘[email protected]’ to request a refund of any Service or charge, and does not allow us up to a week to instigate such refund before requesting a chargeback, Kreiken will be entitled to a reasonable administrative fee of $250 or as high as allowed by law, whichever is lower.

If any of Kreiken's Services are proved to have been defective at time of sale, Kreiken will make an appropriate adjustment in the paid price of such product or, at Kreiken's election, replace the defective product with a legally satisfactory product.

It is not a defect in our Service for Clients to misuse our resources, or for our staff, support, or Service to be temporarily unavailable.

Client acknowledges that it is possible that the Service could be breached or damaged in some way against Kreiken's will. This means that content with Kreiken should not be considered completely safe or secure.

KREIKEN MAKES NO WARRANTY TO CLIENT OR THE END USER WITH RESPECT TO THE PRODUCTS OR SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Client agrees to protect Kreiken and hold Kreiken harmless from any loss or claim arising out of the negligence or abuse by the Client, Client's agents, employees, vendees, or representatives in the use of Kreiken's Service or arising out of any representation or warranty made by Client, its agents, employees or representatives with respect to Kreiken's Products or Services.

No Client or user of the website has permission to violate our copyrights, attempt to steal information from us or our users, or interfere with our Clients, our Service, or our website. No user of the website or Client has permission to use our site for any purpose outside of communication with us or authorized use of our Service.

Breach of the above may lead to civil and/or criminal proceedings.

Client’s access information is their responsibility to protect and maintain. Client will protect their username and password at all times. Client will notify us immediately at ‘[email protected]’ of any known or suspected breach of their account so that we can minimize further damage.

The relationship between Kreiken and Client is that of Leasor and Leasee. Client will not modify any Kreiken Service without written permission from Kreiken. Client may not sell/rent/lend/share Kreiken materials or otherwise allow access to Kreiken materials by a third-party without express written permission except as reasonably needed to use the Service as intended (such as providing copies of documents to insurance companies, Client customers, bankers, or tax professionals to perfect Client’s Plan interest, records, and note buying operations).

Client may terminate the use of our Services at any time by emailing [email protected] and stating such.

Kreiken will provide Client materials, including updates, guides, and reports to best allow compliant operation of our Services. Kreiken may terminate a given client for cause (such as declining to accept a Service update required by law to keep a Service in compliance with applicable law).

Kreiken may terminate at any time by posting on their website, https://Kreiken.com, in the event Kreiken decides to terminate all outstanding Client agreements for any or all Kreiken's Services and, potentially, to offer a revised or amended form of this Agreement.

Unless earlier terminated as provided, the term of this Agreement shall commence on the day Kreiken.com was first visited and shall continue perpetually.

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified from time-to-time by Kreiken. 30 days after any terms have been altered, but not rejected in writing by Client, changes become binding.

This Agreement shall be construed and enforced in accordance with the laws of the state of Oregon.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

Client also acknowledges that the terms and conditions of this Agreement are reasonable, fair, and equitable. Client acknowledges no aspect of this Agreement may be assigned or transferred to a third party.

This Agreement is entered into in Jackson County, Oregon. You consent to the exclusive jurisdiction of the state of Oregon and county of Jackson for any dispute arising from or related to this Agreement.

You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of Oregon and county of Jackson. Each party shall bear its own costs and expenses in any legal action regardless of outcome unless the court orders otherwise.

If you live a jurisdiction that prohibits or will not honor any part of this agreement you may not be a Client of Kreiken. You may request an exemption by Kreiken to this policy in advance of becoming a Client.

Client agrees that Kreiken will use the email address provided at signup, or as updated by Client, to send any notices, alerts, advice, or changes we deem appropriate to help them be successful with our Service.

No emails will ever come from us requesting Client information or on behalf of a third party.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by the email address associated with their account if to a client, or to ‘[email protected]’ if to Kreiken.

Unless otherwise agreed by mutual email consent, for any legal filing or proceedings we and the Client agree to use a mail service such as the USPS or UPS with signature confirmation of delivery. If to us, sent to Kreiken, Attn: Jerry Jacoban, 454 E Butler Lane, Ashland OR, 97520. If to Client, to the address listed in their account.

Headings used in this Agreement are provided for convenience only and not to construe intent.

Any questions or concerns can be addressed by calling toll-free, 888-509-1551, or emailing [email protected].

These Terms of Service are dated April 23rd, 2017.