Website Terms of Use
Last updated: March 8, 2019
These Website Terms of Use govern your access to and use of lendmybiz.com and any of its related pages, including any content, functionality, and services offered on or through lendmybiz.com, (the “Website”), which are owned and operated by Lend My Biz LLC or one of its affiliates and subsidiaries (collectively, “LMB”). Throughout the Website and/or these Website Terms of Use, the terms “we”, “us” and “our” refer to LMB.
- Terms
By accessing this Website, you are agreeing to be bound by these Website Terms of Use as the same may be amended, restated or otherwise modified from time to time (these “Terms of Use”) and you agree that you are responsible for compliance with any and all applicable laws.
CAREFULLY READ THIS DOCUMENT BEFORE USING THE WEBSITE, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING THE WEBSITE, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ARE ACTING, TO BE BOUND BY THESE TERMS OF USE, AS WELL AS THE WEBSITE’S ONLINE PRIVACY POLICY, AS SUPPLEMENTED, REVISED OR MODIFIED BY LMB FROM TIME TO TIME, FOR EACH USE AND ACCESS OF THIS WEBSITE BY YOU. THESE TERMS OF USE APPLY EXCLUSIVELY TO YOUR USE AND ACCESS OF THE WEBSITE. NOTHING CONTAINED HEREIN IS INTENDED TO, NOR DOES IT, ALTER, MODIFY OR CHANGE THE TERMS AND CONDITONS OF ANY EXISTING AGREEMENT THAT YOU MAY HAVE WITH LMB. PLEASE TAKE A FEW MOMENTS TO CAREFULLY REVIEW OUR PRIVACY POLICY, WHICH DESCRIBES THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION FROM USERS ON THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU CONSENT TO ALL ACTIONS THAT WE TAKE WITH RESPECT TO YOUR DATA CONSISTENT WITH OUR PRIVACY POLICY.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE PLEASE DO NOT FURTHER ACCESS THE WEBSITE AND IMMEDIATELY EXIT IT.
- Availability of the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide on this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We have the right to disable access to any user of our site, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
- Use of Third Party Services
When you use the Website, you may also be using the services of one or more third parties, such as a third party service provider, wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies and terms of use of these third parties.
- Intellectual Property Rights; Content
Unless otherwise noted, the Website, its features, functionality and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video, audio, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, and any other materials that appear as part of or on the Website (collectively, the “Content”), are protected by the copyright, trade dress and/or trademark laws of the United States and all worldwide rights, title and interest in and to the Website and Content are owned, controlled and/or licensed by LMB. All trademarks, service marks, trade names and logos displayed on the Website are, unless otherwise indicated, the copyright, trademark, service mark and trade names of LMB. All of our rights are reserved. Permission is granted to temporarily download one copy of the materials (information or software) on the Website for your personal, non-commercial transitory viewing only. This is the grant of a limited, non-exclusive, non-transferable license, not a transfer of title. Any other use of the information contained herein is strictly prohibited and you may not:
- modify or copy the materials or Content on the Website;
- use the materials or Content on the Website for any commercial purpose, or for any public display (commercial or non-commercial);
- decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials contained on the Website;
- transfer the materials or Content contained on the Website to another person or entity or “mirror” the materials on any other server; or
- attempt to do any of the foregoing.
The license granted above shall automatically terminate if you violate any of these restrictions and may be terminated by LMB at any time. Upon termination of your viewing of the materials contained on the Website or upon termination of such license, you must destroy any downloaded materials in your possession whether in electronic or printed form.
- Intellectual Property Rights; Complaints
LMB respects the intellectual property of others. If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify us of your claim of infringement by sending the following written information to our designated copyright agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- 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; and
- 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.
Our copyright agent for notice of claims of copyright infringement can be reached at:
Lend My Biz
111 Express Street
Plainview, NY 11803
Attention: Jack Hasso
Info@LendMyBiz.com
- User Conduct
By accessing and/or using this Website, you agree:
- not to use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot”, “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable, impair or impose an unreasonable burden or load on, operation of the Website;
- not to interfere with security of the Website or to otherwise abuse the Website, or any services, system resources, accounts, networks or servers connected to or accessible through the Website or affiliated or linked sites;
- not to upload, post or otherwise transmit through or on the Website any viruses or other harmful or destructive files;
- not to interfere with or disrupt any other person’s use of the Website or affiliated or linked sites;
- not to attempt unauthorized access to the Website or any portion(s) thereof which is restricted from general access, such as, the server on which the Website is stored, or any server, computer or database connected to the Website;
- not to use any robot, spider or other automated device or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Website, including but not limited to, personally identifiable information of any other user of the Website or customers of LMB;
- not to modify, assign, sublicense, sell or prepare derivative works of any materials on the Website or to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly permitted herein;
- not to modify or create another Website so as to falsely imply that it is associated or affiliated with the Website;
- not to violate any and all laws, rules, or regulations applicable to your use of, or access to, the Website, and not to violate any policies that may be posted on the Website from time to time.
- Disclaimer
The materials and Content on the Website are provided “as is.” LMB makes no warranties, expressed or implied with respect thereto, and hereby disclaims and negates all warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or other violation of rights. Further, LMB does not warrant or make any representation concerning the accuracy, likely results, or reliability of the materials on or linked to the Website or on or linked to any other site which is linked to the Website or that the use of the Website will be uninterrupted, secure or free from error.
Further, LMB may not be able to provide matches for every user seeking to use its Website and makes no guarantees as to the number of matches or the ability to obtain business funding.
- Limitation of Damages and Liability
IN NO EVENT SHALL LMB OR ITS SUBSIDIARIES, AFFILIATES OR AGENTS (COLLECTIVELY, THE “LMB RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY SITE(S); (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE; (D) INACCURACY OF THE DATA OR SERVICES PROVIDED ON THE WEBSITE (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE WEBSITE (INCLUDING USER-PROVIDED CONTENT); OR (E) BREACH OF THESE TERMS OF USE BY YOU, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU EXPRESSLY AGREE TO WAIVE ANY RIGHT YOU HAVE OR MAY HAVE TO CLAIM SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE LMB RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE LMB RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, ANY CONTENT, OR ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE, THE LMB RELEASED PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnification
You agree to defend, indemnify and hold harmless LMB, its officers, directors, members, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to, attorneys’ fees), arising from or in connection with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the Indemnified Parties, and/or its agents, and/or (c) your breach of any provision of these Terms of Use or any representations you provide herein. LMB reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with LMB in asserting any and all available defenses.
- Revisions and Errata
The materials appearing on the Website could include technical, typographical, or photographic errors. LMB does not warrant that any of the materials on the Website are accurate, complete, or current. LMB may make changes to the materials contained on the Website at any time without notice. LMB does not, however, make any commitment to update any of the materials contained on or linked to the Website.
- Links
The Website may contain links to third-party websites. You understand and agree that LMB has no control over and may not have reviewed those third-party websites. Accordingly, you agree that LMB is not responsible for the contents of any such third-party website or for any damages, losses or expenses that you may incur while using any such third-party website. The inclusion of any link to a third party website does not imply the endorsement by LMB of such website or the owner or operator thereof. Use of any such third-party website is at your own risk.
- User Provided Information
While using the Website, you may be asked to and you may provide feedback, commentary, information, or other content to LMB and other users of the Website. By using the Website, you shall be deemed to have granted to LMB a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute any such content provided through the Website; and you acknowledge and warrant that you have the right and authority to provide such license to LMB.
- Website Terms of Use Modifications
LMB may change, modify, revise, add, or remove any portion of these Terms of Use and/or its Privacy Policy at any time, in its sole discretion, without notice. By using the Website you are agreeing to be bound by the then current version of these Terms of Use and the Website’s Privacy Policy.
- Governing Law/Venue/Class Action Waiver
These Terms of Use, the Privacy Policy and any claim relating to the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. Any dispute arising from or related to the Website, your use thereof or these Terms of Use or the Website’s Privacy Policy, shall be resolved exclusively by the appropriate New York state court located in Nassau County, or federal court in and for the Eastern District of New York. Although you may access the Website in other states or countries, by using this Website, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts over any suit, action, claim or proceeding arising out of these Terms of Use, the Privacy Policy and/or any claim relating to the Website and you waive any claim of forum non conveniens or lack of personal jurisdiction that you may have.
YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST LMB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
- Waiver and Severability
No waiver by LMB of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the LMB to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Geographic Restrictions
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.