Last Updated: February 27, 2014
ACCEPTANCE OF TERMS
OWNERSHIP OF SITES/ACCEPTANCE OF TOU
The Sites are owned and operated by Company. You agree to the following TOU in their entirety, when you: access or use our Sites.
SITE LICENSES AND ACCESS
The Company grants you a limited license to access and make personal use of the Sites but does not grant you the authority to download or modify any portion of the Company’s proprietary information, Content found on the Sites, or the Sites themselves, unless you have obtained prior and express written consent from the Company. This license does not include any derivative use of the Sites or Content or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any materials located on the Sites, including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company, third parties, or Company affiliates without express written consent from the Company. (In the case of third parties, express written consent from the appropriate third party owner/licensee of any materials, including Content, is required). You may not use any Company tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates any permission or license granted by the Company. For purposes of clarity, these TOU and the license(s) granted to you hereunder expressly EXCLUDE the right to use any Content except as made available to you on the Sites. You may not copy or disseminate any Content or other materials from the Sites.
NO UNLAWFUL OR PROHIBITED USE
As an express condition of your use of the Sites, you agree, represent, and warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not use automated means of any kind to manipulate Company data, information or services. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the sites for any purpose. You may not decompile, dissemble, reverse engineer, copy, create derivative works or display any of the Sites’ or Company’s software code. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post or transmit in any way connected to the Sites: content of an illegal nature (including content that violates third party intellectual property rights), pirated software (or software sites), content that facilitates “hacking” or “cracking”; content with the sole purpose of causing harm or inciting hater or content that could be considered as slanderous or libelous. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites. Company reserves the right, in its sole and exclusive discretion and without notice to you, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites who violates any of the above. You expressly understand and agree that violation of the above may result in termination of your access and/or account without refund of any fees.
USE LIMITATION OF WEBSITES
You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website. Unless otherwise specified, the Sites are for your application to apply for a business loan or other related services. Beside filling out the loan forms or other requested information on the website, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, Services or Loan Services obtained from the Sites.
MODIFICATION OF THE TOU
Company reserves the right to change the terms, conditions, and notices concerning your use of the Sites without notice. You are responsible for regularly reviewing these TOU and the Additional Terms posted on the Sites. We will always post the date that the TOU and/or the Additional Terms were last revised. Your continued use of the Sites constitutes your continued agreement to all such terms, conditions, and notices.
TERMINATION OF ACCESS
The Company reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites, or any portion thereof, at any time without notice.
MATERIAL PROVIDED TO THE COMPANY AND CREDIT AUTHORIZATION
If you submit any financial account information or direct the Company to retrieve your or your company’s financial account information maintained online by third-party financial institutions with whom you have customer relationships or maintain accounts or engage in financial transactions or other account materials, feedback, your original content, or other communications (collectively, “Submission”) to the Sites or to the Company, you grant the Company and its designees and sub-licensees permission to use your Submission in connection with the operation of their loan businesses including, without limitation, the right to: review the Submission for accuracy, legality and/or non-infringement, copy, distribute, transmit, reproduce, edit, translate and reformat your Submission, and use your name in connection with your loan Submission. No compensation will be paid with respect to the use of your loan Submission, as provided herein. By using the loan service on the websites, you expressly authorize the Company to access you Submission maintained by identified third parties and to directly connect to the website for the third party you have identified on your behalf to verify financial account information. The Company is authorized to submit Submission information that you provided to log you into the website and to retrieve your account information. You hereby further authorize and permit the Company to use your Submission submitted by you to our Websites to accomplish the foregoing and to configure the loan Service to be compatible with the third party sites for which you submit your information. You further understand and agree that the loan Service is not sponsored or endorsed by any third parties accessible through the loan Service, and you hereby agree to release the Company and its service providers from any claims arising out of the use of your Submission information contemplated herein. The Company is under no obligation to assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data Submission or use any loan Submission that you provide and the Company may remove any loan Submission at any time in its sole discretion. You hereby acknowledge that the Company makes no representations or warranties with respect to the loan Services on its websites. You certify that (1) you individually are authorized to make the Submission for Loan Services or that you are authorized on behalf of the company whose name you have entered to sign up for the Loan Services and (2) all information you provide in your Submission is true, correct and complete and that you will notify us of material changes to such Submission. You understand and agree that we and our agents and assignees are authorized to contact third parties to make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that the Company is making no commitment or guarantee that any product, evaluation, or guidance provided by the Company will result in an approval for credit from the Company or any third party
COPYRIGHTS AND TRADEMARKS
All of the materials and Content appearing on the Sites are either owned, licensed or sub-licensed (including, without limitation, through these TOU) to the Company and are used by the Company in accordance with the applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any materials or Content (including any logos, images, or data), from the Sites unless you are the owner of said materials or content or have express written permission from the owner of said materials. If you are a copyright owner and believe that any of the Content appearing on Sites infringes on your copyright, please click the following link http://www.dmca.com/ for information on how to submit a claim of copyright infringement. You must be at least 13 years or older to submit such a claim and, if under 18 years old, have parental consent.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain users and affiliates of the Company may receive a password from the Company to access certain information on the Sites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by the Company or a third party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder and the Company.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME. THE COMPANY AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED (OR NOT SENT OR RECEIVED), OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, MADE BY YOU OR BY A THIRD PARTY. YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS EVENT, THE COMPANY’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY TO ACCESS THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST THE COMPANY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY PART OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
To the maximum extent permitted by law, you agree to indemnify and hold the Company and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Company.
APPLICABLE LAW/AGREEMENT TO ARBITRATE
The Parties agree that all services provided by Company shall be deemed solely based in Illinois. The Parties agree that all disputes against Company and any disputes that may arise out of these TOU or out of each Party’s relationship to with the other, including but not limited to disputes as to these TOU; the Sites license; Sites access restriction and/or termination; Company’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights; member accounts; privacy; Services, Content, Member Services, and disclaimer of warranties (collectively, “Claims”) shall be governed by the internal laws of the State of Illinois, U.S.A. without regard to choice of law principles. The Parties both expressly agree that any and all Claims shall be submitted for final and binding resolution through binding Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitrator, and not any court, federal, state, or local court or agency, shall have exclusive authority to resolve any Claim, including any Claim arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these TOU including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The Parties agree that any and all disputes that may arise out of these TOU or out of each Party’s relationship to with the other shall be submitted to the American Arbitration Association’s (“AAA”) Chicago, Illinois office, pursuant to their procedures (including filing and notification procedures). The award rendered by the arbitrator shall be final and binding and may be entered in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in AAA and such courts (except that nothing herein shall prevent either Party from initiating a small claims court action).
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
JUDICIAL FORUM FOR LEGAL DISPUTES
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to either Party or to a particular claim or dispute, either as a result or a decision by the arbitrator or a court order, the Parties agree that any Claim must be resolved exclusively in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in such courts.
If any part of these TOU are determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by the valid and enforceable provision that is the closest match to the intent of the original provision and the remainder of these TOU shall remain in effect. No waiver of any of the terms of these TOU will be valid unless in writing and designated as such. No failure or delay in enforcing a Party’s rights shall be construed as a waiver.
It is the express will of the Parties that these TOU, and all related documents, be prepared in English. In the event that these TOU is translated into another language or otherwise reprinted, this English language version of these TOU (as amended) shall govern if any inconsistencies from such translation arise.
Unless otherwise specified herein or in a writing executed by the Parties, these TOU constitute the entire agreement between you (the user) and the Company with respect to the use of the Sites. These TOU supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites.
ERRORS, OMISSIONS, AND CHANGES
While the Company makes every effort to ensure the accuracy of the materials and Content presented, these TOU explicitly warns you that this service may include typographical errors and/or technical inaccuracies. The Company reserves the right to make improvements and/or changes to these TOU and/or to the products and services described on the Sites at any time. Company takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential. If you are transmitting confidential information, you are doing so at your own risk.
If you have any questions, comments, or concerns, please contact the Company’s customer service department, Monday through Friday by telephone at (888) 601-1772 or e-mail at firstname.lastname@example.org. Company expressly reserves any rights not explicitly granted in these Terms and Conditions.