DISCLOSURES
The below disclosures, disclaimers, and terms and conditions are restated from the formal Development Proposal that may be downloaded from the home page.
Index of Disclosures
1. General Disclaimer
2. Change in Law and Agency Position
3. No Legal Practice or Legal Services
4. Potential Conflict of Interest
5. Attributed Value
6. Organizer and Author Qualifications
7. Litigation Exclusion
8. Additional Activities
9. Constitutional Discussion
10. Financial Contributions / Gift Donations
10.1. Gift Donation Explained
10.2. Gift Donations Defined
10.3. Development Proposals Fully Funded by Gift Donations
10.4. Development Proposals Partially Funded by Gift Donations
10.5. Gift Donation Disposition
11. Commissions
11.1. Commission Earning Intermediaries (“CEIs”)
11.2. Computation of Commissions
11.3. Treatment of Commissions in Event of Dispute
12. Measure of Damages
13. Not Registered Financial Advisors
14. Conflicting Provisions
15. Photo Credits
16. List of Approved Commission Earning Intermediaries.
Last revised on 3/26/24 (excluding #16).
1) General Disclaimer.
In deciding to engage the formal work-up of a Business Development Concept or Proposal, no assurances or guarantees are provided that the information to be provided has not been previously conceived, contemplated, considered, or even rejected by knowledgeable specialists within the particular industry to which the Business Development Concept or Proposal relates. While significant effort has been made to provide accurate information for evaluation, in deciding to engage the proposed publication, you understand and agree that there is the possibility, even if remote, of unforeseen or uncontemplated circumstances that may render the proposed publication and the information that it may contain incapable of being implemented or possibly useless. Please refer to the Terms of Service on our website for additional important information and applicable terms.
2) Change in Law and Agency Position.
While the proposed publication is directed at existing student loan policy at the time that the proposal was prepared and published, there is the possibility that intervening changes of law, policy, or position by government agencies could render any financial contributions incapable of accomplishing the purpose for which they were provided.
3) No Legal Practice or Legal Services.
This proposal is ONLY for a completed publication concerning revisions to a student loan bankruptcy policy that is intended to be a springboard for potential voluntary congressional legislative changes or involuntary changes implemented though potential test litigation. We are not engaged in the practice of law and we are not licensed to practice law. Further, we do not represent any prospective purchaser or financial contributor in an attorney-client relationship absent changed circumstances, which are currently unforeseen. SEE Consulting and SEE Publishing are both the registered business names of its owner, Cameron Mostaghim, that do not provide legal services.
4) Potential Conflict of Interest.
As anyone could financially contribute to the requested development fee of the proposed publication, prospective financial contributors are hereby expressly informed that the author has previously incurred student loan debt and resorted to bankruptcy as an attempted means of student loan debt relief. It might be believed that these experiences might create a bias in favor of student loan borrowers or against student loan affiliated creditors, but any student loan policy revisions that may be recommended in the proposed publication are intended to be reasonable and rational. Likewise, without regard to any similarly situated circumstances that may exist between the author and other student loan borrowers concerning financial hardships, there is the possibility that not all financial contributors may like or agree with the recommendations or revisions that may be proposed. CEIs may receive compensation paid from received financial contributions.
5) Attributed Value.
We use a valuation methodology tied to variables that are specific to the proposal, plan, or project that is to be developed, including revenue generating or cost savings impact potential and, in some instances, the magnitude of the problem or the economic value of the issue that is to be addressed. The fee request for the further development of this publication is, in our opinion, a calculated and reasonable assessment of the publication's value while factoring in its intended purposes, the complexity of the subject of the proposed publication, professional skills required, contingencies, and its potential for impact. The requested fee may be grossly undervalued if the publication serves its intended purpose as a springboard for changes in legislation or U.S. student loan policies. The requested fee may be overvalued if it is instead limited to its purely educational and informative value, but this is nonetheless believed to be offset by the number of student loan borrowers potentially able to benefit from the proposed publication and, respectively, the relatively small amounts of their individual financial contributions anticipated to be aggregated towards the total requested development fee. Ultimately, the requested development fee represents a compromise of the undervaluation and overvaluation considerations involved while emphasizing that informed understanding by a reading audience is a necessary prerequisite for any requested or implemented change in policy such as the ones to which the proposed publication is directed.
6) Organizer and Author Qualifications.
This development proposal and proposed publication are anticipated to involve review, assessment, and recommendations concerning student loan policy. Although repeatedly denied a license to practice law on the basis of medical treatment required for a testosterone deficiency, the author nonetheless successfully completed studies leading to a law degree, passed the California state bar in 2009, and has approximately 10 years of legal work experience if one considers excess hours beyond a standard work week. He is a published and award-winning legal author that has recently started creating development proposals, such as this one, that have the potential of being high impact if implemented. To that end, a development plan was recently completed concerning judicial administration optimization processes particular to California civil trial courts affording demonstrated qualification for completion of the proposed publication. Despite these personal qualifications, we may nonetheless hire employees, professionals, or contractors to assist with preparation of the proposed publication. For those that may be interested, the Organizer's qualifications can be downloaded from the "about us" webpage.
7) Litigation Exclusion.
Under the usual course of events, in some circumstances, certain requests for public information may receive an unsatisfactory response that may justify resort to, or a need for, litigation. As it is impossible to predict the sufficiency of a response to an information request in advance, we disclaim any obligation to commence any litigation, which is specifically excluded as being part of any requested development fees or costs. Notwithstanding, in our sole discretion, we may decide to exercise that option, which could extend the anticipated duration to complete the proposed publication.
8) Additional Activities.
Post-fundraising expenses have been included within the requested development fee. Notwithstanding, we may continue to request and obtain funding with gift donations and financial contributions that surpasses the requested development fee to allow for potential time or expense overruns or other contingencies that might affect the estimated completed delivery of the proposed publication from the time it might be successfully funded or as merit-based gifts after the proposed publication is completed and released.
9) Constitutional Discussion.
A constitutional discussion is anticipated, but not guaranteed to be included. If it is included, well-reasoned, and well received, it might serve as the springboard for possible policy changes either through voluntary direct congressional legislative process or through litigation that might adopt and use the publication’s reasoning as a basis to constitutionally challenge certain bankruptcy laws. It is believed that these constitutional assertions have not previously been advanced, but because additional research needs to be conducted and the entire process concerning constitutional legal reasoning has not been completely developed due to that lack of complete research, no assurance can be made that a constitutional discussion will be included.
10) Financial Contributions / Gift Donations.
10.1 Gift Donation Explained.
This development proposal uses a gift donation funding methodology for the reasons stated. First, it is currently anticipated that student loan servicers, the owners of student loans, and guarantors will not have an interest in paying or contributing to the requested development fee since current student loan policy severely favors creditor affiliated parties in an arguably unfair manner. Conversely, student loan borrowers are most likely to be the interested financial contributors. Second, gift donations afford the possibility that this publication might be produced without the restriction of locating a not for profit entity with an organizational purpose that coincides with the subject matter of the proposed publication. Third, a gift donation funding methodology avoids complications and potential disputes concerning the disposition of any payments that might be received by a not for profit entity in an amount that is less than the requested development fee. Finally, the gift donation funding model for this particular development proposal allows for an unrestricted disposition of financial contributions, as set forth in Disclosure #10.5 below (Gift Donation Disposition), if the full requested development fee should not be obtained.
10.2 Gift Donations Defined.
Gift donations means any amount of money received to fund a proposal where gift donations are sought and that originates from any person in an amount less than $17,000, except to the extent that a specific signed written agreement exists in advance and, in those circumstances, the payment shall be subject to such additional or other terms and conditions as may be agreed by writing. Any individual that may desire to make a gift donation in excess of $17,000 should consult with an accountant or tax attorney as transaction reporting requirements may apply. Gift donations are non-refundable regardless of whether the gift payment is made directly to us or paid through a Commission Earning Intermediary. (See Disclosures #11.1 regarding Commission Earning Intermediaries).
10.3 Development Proposals Fully Funded by Gift Donations.
Where any development proposal, plan, or project is fully funded by gift donations, whether at the requested fee amount or some other amount, we shall be immune from all claims and causes of action (whether based on contract, tort, statute, or principles of equity) and shall have no liability of any kind. If any claim should arise or be asserted under these circumstances, U.S. law concerning donative transfers shall apply.
10.4 Development Proposals Partially Funded by Gift Donations.
Where any development proposal, plan, or project is partially funded by gift donations and partially funded by a work order or under the terms of a contract, whether at the requested fee amount or some other amount, no claim or cause of action (whether based on contract, tort, statute, or principles of equity) shall exist, nor shall any potential or actual liabilities extend, concerning any portion of a development fee that was funded with gift donations. As to any development proposal, plan, or project that is partially funded by gift donations, that portion of the development fee shall be governed by the provisions in Disclosure #10.3 (Development Proposals Fully Funded by Gift Donations). As to any development proposal, plan, or project that is partially funded by a work order or under the terms of a contract, that portion of the development fee shall be governed by the provisions in Disclosure #12 (Measure of Damages).
10.5 Gift Donation Disposition.
A gift donation that is received for a specific proposal will be held for that purpose until the sooner of the following:
A) the total or minimum requested fee for development is received and released for the work to be performed,
B) we unilaterally agree to accept an already received lesser amount in exchange for our performance,
C) we contractually agree in a signed writing to accept an amount for our performance that includes any gift donations already received, or
D) we determine, in our sole discretion and without prejudice to later reinstituting further funding efforts, that the requested fee for development cannot be attained.
In the event that we make such a determination, we may do any of the following: i) reduce the itemized deliverables within the proposal so that the resulting work to be performed is more closely aligned with the underfunded amount that has already been received, ii) commit any funds received to the development fee on a proposal of a related topic (if one should exist), iii) commit any funds received to the development fee on a different proposal that is also of such character that it too was anticipated and recommended to be funded primarily with gift donations, iv) commit the gift donations received to a proposal or project that we have designated as being within the public policy category or that might be partially funded with money originating from a not for profit organization, or v) we may commit gift donations received to any charitable purpose without regard to laws or governance principles applicable to not for profits.
11) Commissions.
11.1. Commission Earning Intermediaries.
Commission Earning Intermediaries (CEIs) are either businesses or individuals that are formally approved by us to act as an independent contractor and potentially eligible to earn a commission for promotional activities to be performed. Any business or individual interested in acting as a Commission Earning Intermediary must obtain approval from us to be a commission based fundraising intermediary in advance of undertaking any fundraising activities. Approved CEIs will be provided their own unique identification code used to track any financial contributions that are received as a result of their efforts and for the payment of any commissions that may ultimately be owed to them. Any expenses incurred by a Commission Earning Intermediary are their sole responsibility unless approved by us in writing prior to being incurred.
Any business or individual may seek approval from us to become a CEI and, upon request, an application that contains additional information will be provided. Any business seeking approval as a CEI must be an organized business subject to verification to be considered eligible. As to individuals, preference may be given to currently enrolled college students attending institutions of higher learning as these individuals presumably have the greatest access to potentially interested student loan borrowers that may experience future financial hardship from student loan debt.
As anti-fraud and CEI integrity assurance measures, a list of approved CEIs may be published by us and periodically updated. Additionally, a list of financial contributors may be published in conjunction with the completed publication as a validation tool for financial contributors to ensure that payments were made through authorized channels.
11.2. Computation of Commissions.
Businesses or individuals approved by us to be a Commission Earning Intermediary may be eligible to be paid a commission from the financial contributions that have been raised. To potentially earn a commission, a minimum of $5000 (in the case of a business) or $1000 (in the case of an individual) must be raised. Subject to all other terms and conditions within this proposal and within the application, unless otherwise agreed in writing by us, the maximum commission that may be earned shall be ten percent of the total amount of financial contributions that are attributable to the Commission Earning Intermediary up to a maximum amount of $50,000.
11.3. Treatment of Commissions in Event of Dispute.
Any commissions that we may pay or become obligated to pay to a Commission Earning Intermediary, whether as a Business or Individual, shall be treated as an expense that is non-fundable and not recoverable under any circumstances. Due to the unique nature and subject matter of the proposals we may offer and the specialized nature of any corresponding consulting services, we may be required to pay or become obligated to pay commissions, fees, costs, or expenses (collectively referred to as commissions herein) to independent contractor Commission Earning Intermediaries for services they may provide to us in locating a suitable buyer, business partner, or otherwise assisting us in obtaining the requested development fee. These services of intermediaries may be necessary to create a market for the delivery of any product or service that we may offer to provide or ultimately do provide and, for these reasons, any commissions that we pay or become obligated to pay shall be proportionally chargeable to the respective business partner(s) or buyer(s) of the development proposal, if any, and treated as a non-refundable pass-through expense in the event of any dispute.
12) Measure of Damages.
Excluding any portion of a development proposal, plan, or project that may be funded with gift donations and governed by the provisions in Disclosure #10.3 (Development Proposals Fully Funded by Gift Donations), the measure of damages for any development concept, proposal, plan, or project that may be subject to payment or compensation by contractual agreement shall be as follows:
A) Adjustment for Commissions Owed.
First, any commissions that we have paid or that we may have become obligated to pay shall be deducted from the development fee, or lesser contract price if different, of any purchased proposal to arrive at the “commission adjusted price.” See Disclosure #11.3 (Treatment of Commissions in Event of Dispute).
B) Computing the Cost of Each Discreetly Identified Deliverable.
Second, the “commission adjusted price” shall be divided by the number of identified deliverables contained within the development proposal to arrive at a contractually divisible “per deliverable price.” As to those deliverables within a proposal that may have been designated with “to the extent applicable” conditional language, those deliverables shall be included within the computation of the “per deliverable price” if the final completed plan or project actually includes that deliverable.
C) Evaluation of Controverted Deliverables.
Third, each contractually divisible deliverable shall be independently evaluated with application of principles of substantial performance to assess whether any deliverable referenced within a proposal was not provided or is otherwise controverted, whether a failure of performance may have occurred, and whether any controverted deliverable(s) may require a price adjustment to its respective “per deliverable price” as a measure of damages.
13) Not Registered Investment Advisors.
We are not registered investment advisors. We are not engaged in the sale of securities. Any transaction with us is not subject to oversight by the S.E.C. and is exempt from S.E.C. regulation. Rather, any investment related opportunities referenced on our website are first party business transactions being conducted by us for our own benefit and for those purposes that may have been identified. In evaluating or undertaking any investment related opportunity referenced on our website, or in any materials that we may provide, you understand and agree that they are purely contractual in nature. As with all business transactions, a degree of risk may be involved even if those risks may be nominal or remote.
14) Conflicting Provisions.
In the event of a conflict that may exist as to any terms, the following hierarchy shall govern and resolve any conflict:
A) Terms, conditions, and information within the "Application Information Packet for Commission Earning Intermediaries" shall supercede any conflicting information on this website.
B) Terms, conditions, and information on this website shall supercede any conflicting information within the Proposal.
C) As to purely Contractual Investors who are not Commission Earning Intermediaries ("CEIs"), only those terms that are committed to a signed written agreement shall be enforceable.
15) Photo Credits.
1. Cap and Gown Graduates (with edits by Cameron Mostaghim) by Pixabay via www.pexels.com
2. Diploma Graduate by gül-işık via www.pexels.com
3. Student Loan Dinner by Cameron Mostaghim
4. Bound Wrists (with edits by Cameron Mostaghim) by lil-artsy via www.pexels.com
5. Helping Hand (with edits by Cameron Mostaghim) by Babawawa via www.pixabay.com
6. Broken Home (with edits by Cameron Mostaghim) by Pixabay via www.pexels.com
16) List of Approved Commission Earning Intermediaries.
Reserved for future use and periodic updates.
As a precautionary measure to prevent unauthorized promotional materials and fundraising activities, only those unique IDs found within the list of Approved Commission Earning Intermediaries ("Approved CEIs") are authorized by us (subject to additional terms and conditions) to perform fundraising on a commission compensated basis. However, anyone may distribute or re-distribute approved promotional or advertising materials without an expectation of compensation.