I over paid Spotya $ 185.25 in there relase and settle agreement to me they are going to send me a company check...I remove my address and name to show the forum.
RELEASE AND SETTLEMENT AGREEMENT
This RELEASE AND SETTLEMENT agreement (“Agreement”), is made on this the 13th day of June, 2012 by and between Spotya! Inc. a California Corporation whose address is PO Box 1377 Murrieta, Ca. 92564, hereinafter referred to as Business, through its authorized agent, Dino Tagnani and L K whose address is: , MS , hereinafter referred to as complainant.
WHEREAS, the Business warrants and represents that it has the exclusive legal right, power, and authority to grant this Release and enter into this Agreement, with the Complainant being authorized to release and settle the Account; and
WHEREAS, it is the intention of the parties to fully and completely settle, compromise and conclude any and all disputes, differences, claims, demands, and causes of action between the parties existing as of the date of this Agreement, whether known or unknown, all as more specifically set forth herein.
NOW, THEREFORE, upon the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. The Company agrees to pay the Complainant the sum of On Hundred Eighty-Five Dollars and Twenty-Five Cents ($185.25) (the “Settlement Payment”), payable by company check payable to the Complainant within two (2) business days after receipt of an executed copy of this Agreement.
2. The Complainant agrees to accept the Settlement Payment as full and final satisfaction of the dispute.
3. The Business does hereby generally release and forever discharge the Complainant, Complainant’s successors and assigns (“Released Parties”) of and from any and all manner of claims, debts, costs, contracts, liens, accounts, demands, actions, suits, causes of actions, obligations, expenses, attorney’s fees, damages, judgments, orders and liabilities of every kind and nature, known or unknown, suspected or unsuspected, fixed or contingent, in law or in equity, arising out of or in any way connected with or related to the Account that the Business, its assigns and successors now have up to the date of this Agreement, or at anytime hereafter may have, against the Released Parties with regard to the Account.
4. The parties acknowledge that this settlement serves as an offer in compromise and that the Company denies any and all allegations or admissions of guilt. The parties further acknowledge this settlement as adequate consideration to support a valid accord and satisfaction, and that it is the party’s intention that this Agreement shall be effective as a full and final accord and satisfaction between parties, constituting full settlement of all claims of every nature to date in connection with the dispute.
5. The parties agree that all information, disclosures, allegations, terms, conditions and actions associated with this agreement or the dispute arising from any association between the parties, including but not limited to this settlement agreement, shall remain forever confidential and that the Business reserves the right to hold the claimant responsible for any or all damages which might occur as a result of his breach of the covenants of this agreement.
Settlement Agreement page 1 of 2 Initials _________ (Spotya) __________ (Complainant)
K Settlement Agreement
Page 2: of 2:
6. Each of the parties acknowledge that this agreement shall be governed by California law and hereto expressly and voluntarily waive any and all rights and benefits conferred upon them by the provisions of Section 1542 of the Civil Code of California, which provides as follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known to him must have materially affected his settlement with
7. This Release and Agreement sets forth the entire understanding between the parties, and cannot be changed, modified or canceled except by an instrument signed by the party sought to be bound. Any controversy arising under this Agreement and the rights and obligations established herein shall be governed by and construed in accordance with the laws of the State of California.
8. Agent’s signing of this Agreement as the agent or licensee of, or on behalf of Business, warrants and represents that Agent is an authorized signatory of Original Creditor and has apprised Original Creditor of the terms of this Agreement and is authorized and empowered by Original Creditor to enter into this Agreement on its behalf, thereby binding Original Creditor to all of this Agreement’s terms and conditions. This warranty and representation is of the essence and is a material inducement to the Debtor to enter into this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the date and year above set forth.
AGREED & ACCEPTED
Dino Tagnani, President