Agreement
By signing below, the undersigned guarantor(s) (each, a “Guarantor”) agrees to the terms of this Credit Guaranty Agreement (this “Guaranty”). In consideration of credit extended or to be extended by Thread Bank and any other services to be provided by MazumaGo Inc. DBA Truss, a Delaware corporation (each of Thread Bank and MazumaGo, Inc. DBA Truss a “Creditor” and together the “Creditors”), to or for the account of the customer designated on the signature page of this Guaranty (the “Customer”), and to induce the Creditors to make such extensions of credit or provide such services and to make or grant such renewals, extensions, releases of collateral, or relinquishments of legal rights as the Creditors may from time to time deem advisable, the Guarantor (and each of them if more than one, the liability under this Guaranty being joint and several) unconditionally guarantees to the Creditors the payment and performance of all present and future obligations and liabilities of any and all kinds of the Customer to the Creditors and of all instruments of any nature evidencing or relating to any such obligations and liabilities upon which the Customer is or may become liable to the Creditors, however incurred by the Customer, whether arising under, out of, or in connection with those certain agreements to which the Customer is party as referenced on the signature page of this Guaranty (collectively, and as amended, modified, restated, or supplemented from time to time, the “Agreements”) or any documents, instruments, or agreements relating to or executed in connection with the Agreements, or any documents, instruments, or agreements referred to in such Agreements or otherwise, including all costs, fees, and expenses (including reasonable fees for legal services of every kind) relating or incidental to the enforcement or protection of the rights of either Creditor under this Guaranty (collectively, the “Obligations”). The Guarantor understands and agrees that this Guaranty is absolute and irrevocable and will remain in effect for as long as any amount of any Obligations remains due.
Either Creditor may assign its rights under this Guaranty or the Agreements from time to time in its sole discretion. The Guarantor understands and agrees that a Creditor may alter, accelerate, extend, and/or amend the terms of the Agreements from time to time without notice to the Guarantor. The Guarantor waives every notice regarding the Agreements or the Obligations, including without limitation notice of acceptance of this Guaranty, notice of the occurrence of any default, presentments, demands, protests, and any other notice(s) of any and all action taken (or not taken) by the Creditors in connection with the Agreements or the Obligations. No delay by a Creditor in exercising or enforcing any of its rights or remedies regarding the Agreements, the Obligations, or this Guaranty will impair or be prejudicial to either Creditor’s rights or remedies. Either Creditor may extend, modify, or postpone the time and manner of payment and performance of the Obligations or other Customer obligations without notice to the Guarantor and without any Guarantor’s consent. Any such act or omission will not release, discharge, or diminish the Guarantor’s liability to the Creditors under this Guaranty.
This Guaranty will be governed by the laws of the State of California, without regard to any conflict of laws principles. If any provision of this Guaranty is held to be invalid or unenforceable, the remaining provisions of this Guaranty will remain valid and enforceable. The Guarantor irrevocably and unconditionally submits, for itself, its successors and assigns, and its property, to the jurisdiction of any California state court situated in San Francisco County, California or federal court of the United States of America situated in San Francisco County, California, and that any suit, action, or matter arising out of or relating to this Guaranty will be heard and determined in any such California state court, or, to the extent permitted by law, in any such federal court. THE GUARANTOR DOES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR WITH RESPECT TO THIS GUARANTY OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR RELATING OR INCIDENTAL HERETO.
The Guarantor has the requisite power, authority, and legal right to execute, deliver, and perform this Guaranty, and the Guarantor has taken all necessary action to authorize such performance on the terms and conditions of the Guaranty and to authorize the execution, delivery, and performance of this Guaranty. This Guaranty violates no contractual provisions entered into by the Guarantor, nor any law. No consent of any other person (including without limitation any spouse, stockholders, members, partners, or creditors of the Guarantor, if applicable), and no consent, license, permit, approval, or authorization of, exemption by, or registration, filing or declaration with, any governmental authority is required in connection with the execution, delivery, performance, validity, or enforceability of this Guaranty by or against the Guarantor. This Guaranty has been duly executed and delivered by the Guarantor, and this Guaranty constitutes the legal, valid, and binding obligation of the Guarantor enforceable against it in accordance with its terms.
The Guarantor agrees to the terms and conditions of this Guaranty as of the date set forth below with reference to the obligations of the Customer under the Agreements, each as noted below.
Agreements:
- Truss Terms of Service,
- Truss Card Terms of Use; and
- Truss Authorized User Terms of Use