By accessing the Site, you agree to the following Terms:
1. ACKNOWLEDGMENT AND RESPONSIBILITIES OF AUTHORIZED USERS
You acknowledge and affirm that you are over the age of 18 and a legal resident of the United States. The Service is controlled and operated from the United States and is not intended to subject us to any non-U.S. jurisdiction or law. You may not access or use the Service if you are unable to form a binding, legal agreement with the Company. You must comply with all applicable laws, rules and regulations in accessing and using the Service. You assume all responsibility for your use of, or access to, the Site, including your access to any Service, Site Content, or User Content, as defined below, and hereby waive all claims or causes of action against the Company, its affiliates, parent company, its licensors and their respective officers, directors, employees, agents and representatives in connection therewith. You must comply with all applicable laws, rules and regulations in accessing and using the Service.
2. OUR SERVICES
a. We are not a lender and do not make loans or credit decisions in connection with loans. Instead, we provide a software platform to match businesses with business funders, lenders and providers of other financial products, we are also a small business loan broker (the “Service”). We may refer a Business directly to a lender or Merchant Cash Advance provider, or we may refer a Business to a third-party partner who then may refer the Business to a lender or Merchant Cash Advance provider. We may share Business application information with more than one provider and/or third-party partner. Businesses who are not matched with a provider may be directed to a third-party website, which advertises third-party products and services (for additional information, see the section concerning Third-Party Websites, below).
b. We do not guarantee that we will match you with a lender or Merchant Cash Advance provider, or that your Application will be approved by a lender or Merchant Cash Advance provider. Likewise, we do not guarantee the amount of funds that may be extended to you if a lender or Merchant Cash Advance provider approves your application.
c. We receive fees from lenders and third-party partners for our Services.
d. We are not a party to any contract made between you and lenders or Merchant Cash Advance providers for loans or advances. All rights and obligations under the terms of the contract for a loan or advance are solely between you and the lender or provider. We do not warrant, endorse, guarantee or assume responsibility for any lender or provider, or any product or service offered by a lender or provider. You should use your own judgment in deciding which available product, terms or lender best suits your needs and financial means.
By using the Services available through the Site, you consent to transact business electronically and receive electronically all disclosures, agreements, notices or other records that we are required by law to disclose to you in writing. Your consent will remain in effect as long as you are a user and, if you are no longer a user, will continue until expressly revoked by you.
4. OUR COMMUNICATIONS WITH YOU
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR INFORMATION TO IBUSINESS FUNDING, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE E-MAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR PROVIDE ON THE SITE. YOU ARE FURTHER PROVIDING YOUR EXPRESS WRITTEN CONSENT TO SHARE YOUR CONTACT INFORMATION WITH ANY OF OUR AFFILIATE COMPANIES AND APPROVED INDEPENDENT CONTRACTORS AND VENDORS WHO MAY ALSO CONTACT YOU VIA TEXT MESSAGING, ARTIFICIAL OR PRE-RECORDED VOICE MESSAGES AND AUTOMATIC DIALING TECHNOLOGY, EVEN IF YOUR TELEPHONE NUMBER IS CURRENTLY LISTED ON ANY INTERNAL, CORPORATE, STATE, FEDERAL OR NATIONAL DO-NOT-CALL (DNC) LIST. YOUR CELLULAR OR MOBILE TELEPHONE PROVIDER WILL CHARGE YOU ACCORDING TO THE TYPE OF PLAN YOU CARRY.
E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).
Message and data rates under your own plan with your phone carrier may apply for any text messages. If your mobile phone is off, out of range or subject to a variety of other conditions, you may not receive the message and/or messages may be delayed. Wireless carriers are not liable for delayed or undelivered messages.
AUTODIALING.WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY CONTACTING US AND REVOKING YOUR CONSENT AT [email protected] WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLYING “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO THIRTY (30) DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE E-MAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN E-MAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF E-MAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER E-MAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO THIRTY (30) DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.
Transactional e-mail communications about your Application, account, or our Service are not considered “marketing” communications and you understand and agree that we will continue to send you email communications concerning your Application, account or transactions even if you have opted out of receiving email marketing communications.COMMUNICATION FREQUENCY.HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL PERSON WHO COMMUNICATES WITH YOU WILL DETERMINE IT. Your consent here also serves as your express written consent to electronic communications from us in the past.
You represent and warrant that:
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. HOW TO CONTACT US: You can contact us via email at [email protected] You may also reach us in writing to us at the following address: iBusiness Funding, LLC, 110 Southeast 6th Street, Suite 700, Fort Lauderdale, Florida 33301.
5. COMPLIANCE WITH LAWS
All content on the Site, including but not limited to designs, articles, functions, text, graphics, photographs, images, video, information, materials, documents, software, music, sound and other files, and their selection and arrangement and other content solely provided by or on behalf of the Company on any Site, specifically excluding any User Content (as defined below) (collectively, “Site Content”), is the sole property of the Company, as between you and the Company. The Site and all the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States.
The Company reserves all rights, in and to the Site and the Site Content, including rights which are not expressly granted herein. Unless otherwise noted, the Company name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of the Company, its affiliates, or approved independent contractors. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of a Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law.
7. INTELLECTUAL PROPERTY RIGHTS IN SITE CONTENT; LIMITED LICENSE
All content on the Site, including but not limited to the Site Content, are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet, or extranet site, or incorporate the information in any other database or compilation; any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
8. CONTENT AND ACCEPTABLE USE
You represent, warrant, and agree that no materials of any kind posted or shared by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory, or otherwise unlawful material. You agree not to cause harm to, or otherwise interfere with, the Services. You agree that you will not use (or assist others in using) our Services to or in ways that:
9. DISPUTE RESOLUTION – ARBITRATION AGREEMENT
(Mandatory Binding Arbitration and Class Action Waiver)
READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.
C. Arbitration; Starting an Arbitration Proceeding: All claims arising out of or relating to this Agreement shall be finally settled by binding arbitration pursuant to this Arbitration Provision and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Code”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be final and in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Agreement shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267.
In all cases, the arbitrator(s) must be a lawyer with more than ten (10) years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable JAMS rules.
D. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. UNLESS YOU ELECT TO OPT OUT IN ACCORDANCE WITH SECTION 9(A) ABOVE, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
F. Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
G. Cost of Arbitration: If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
I. Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated.
K. The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and
L. Notice of Claim; Right to Resolve; Special Payment: Prior to initiating, joining or participating in any arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and Application or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.
10. GOVERNING LAW
11. OTHER USER CONTENT POSTED ON SITE
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements, or other content that you upload, publish, provide, or display (hereinafter, “post”) on or through the Site, or transmit to or share with other users (collectively the “User Content”). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, users or others. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense). This license grants the Company the right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof; to prepare derivative works of, or incorporate into other works, such User Content; and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
12. THIRD PARTY CONTENT
The Company may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively “Third-party Content”). Third-party Content is not under the control of the Company. The Company makes no claim or representation regarding—and accepts no responsibility for—the quality, content, nature, or reliability of Third-party Content, any services accessible by hyperlink from our Site, links contained in any Third-party Content, or any review, changes, or updates to a third-party website or for third-party websites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-party Content are those of the respective author(s) or distributor(s) and not of the Company. The Company does not guarantee the merchantability or fitness for any particular purpose of Third-party Content. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any applicable Third-Party Content. When leaving our Site, you should be aware that these Terms no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data-gathering practices, of any third-party sites. Additional disclaimers and limitation of liability are noted below.
The Company utilizes secure technology to protect your personal information. Although the Company has taken reasonable measures to provide for the security of certain information that you submit to the Site, the Company cannot guarantee that this information will not be intercepted or decrypted by others. The Company accepts no responsibility for such interception or decryption. If you believe that the security of your Personal Information on our Services has been compromised, please contact us immediately.
15. RESTRICTED ACCESS PORTIONS OF THE SITE
You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your username or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any username or password to anyone. You assume all responsibility for loss or misuse of your username and password and are responsible for any activities undertaken by a person in possession of your username or password for any reason except due solely to the gross negligence or willful misconduct of the Company. The Company reserves the right to terminate your access to the Site or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms.
16. DISCLAIMER OF WARRANTIES
The Company uses reasonable efforts to ensure that the information on the Site is accurate but cannot guarantee such accuracy. The Company makes no representations regarding the use or results of any content on the Site as to its accuracy, reliability or any other matter. THE SITE, THE SITE CONTENT, AND THE USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED ON THE SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. INFORMATION ON THE SITE IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, ACCURACY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, OR MATERIAL THAT ARE TRANSFERRED, MADE AVAILABLE OR OBTAINED BY WAY OF THE SITE OR THE SERVICES.
These exclusions and limitations are applied to the fullest extent permitted by law.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, INCLUDING, OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, VENDORS, SERVICE PROVIDERS, AFFILIATES OR AGENTS (“REPRESENTATIVES”) SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, COSTS, LOSS OF PROFITS, SAVINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
EACH OF COMPANY’S, ITS REPRESENTATIVES’, AND THE SPONSOR BANK’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT THIS SECTION 17, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED ONE HUNDRED DOLLARS ($100.00).
THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS AND SUPPLIERS. THIS SECTION SHALL APPLY EVEN IF THE COMPANY AND/OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, OR DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER LEGAL THEORY OF LIABILITY OR MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THOSE STATES OR JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF THE COMPANY, ITS REPRESENTATIVES, OR THE SPONSOR BANK IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
18. LIMITED TIME TO BRING YOUR CLAIM
You agree that any cause of action arising out of or related to the Company, any Site, or any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to indemnify, defend, and hold harmless the Company, its affiliate companies, representatives, parent company, approved independent contractors, including without limitation, the Company’s service providers—from and against all losses, expenses, damages and costs. This includes reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, your use of the Site, Site Content, or User Content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any Site on your behalf. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. You further agree that you will cooperate as fully as required by us in the defense or settlement of any claim that is subject to the foregoing indemnification obligation.
21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
We respect copyright ownership and expect users of the Site to do so as well. It is our goal to limit or prevent access to the Site by any users who are repeat infringers of copyright. If you are a copyright owner or an agent thereof and believe any Site Content or User Content posted on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to the Company through our designated agent at the address listed below containing the following information: (a) identification of the copyrighted work claimed to have been infringed, or—if multiple copyrighted works at a single online site are covered by a single notification—a representative list of such works at that site; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled along with information reasonably sufficient to permit us to locate the material; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.
The headings used in these Terms are intended for convenience only and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of such or any future provision or right. The Company makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by the Company to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law.
All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner(s). You may not assign, delegate or transfer any of your rights or obligations under these Terms to anyone else or any other entity without our prior written consent.
Survival: The following provisions will survive any termination of this Agreement or your relationship with The Company: “Consent to Future Changes”, “Limitation of Liability”, “Indemnification”, “Dispute Resolution- Arbitration Agreement” and “Miscellaneous”.
23. CONSENT TO FUTURE CHANGES
Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at [email protected] or at this address: iBusiness Funding, LLC, 110 Southeast 6th Street, Suite 700, Fort Lauderdale, Florida 33301. The opt-out shall be effective ten (10) days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.
iBusiness Funding, LLC
110 Southeast 6th Street, Suite 700,
Fort Lauderdale, Florida 33301
Last updated: April 28, 2022