SBA Loan Exchange, LLC (“SBA Loan Exchange”) offers a variety of online services, including information about SBA Loan Exchange’s products and other information that we believe will be of interest to our customers, and links to other sites of interest, on the terms set forth in these Terms of Service (the “Terms”). By using the website at www.sbaloanexchange.com (the “Site”) in any way, you are agreeing to comply with these terms. If you do not agree with these Terms you may not access or use this Site. We may update and alter these terms at any time without notice. Unless we expressly state otherwise, these terms incorporate and supersede any other terms associated with the files available on the domain www.sbaloanexchange.com and all of its sub-domains, as well as affiliated domains and sub-domains operated by SBA Loan Exchange.
Unless otherwise noted, you may view, copy, download, and print documents from the Site, subject to the following conditions:
SBA Loan Exchange may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement may be known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the "click-through agreement." SBA Loan Exchange may also require you to execute various agreements to access information in the Site. If any of the terms of such additional agreement are different that the terms of these Terms, the terms of the additional agreement will supplement or amend these Terms, but only with respect to the matters governed by such additional agreement.
The Site contains links to other World Wide Web sites or resources. SBA Loan Exchange does so as a service to its customers, because the linked sites contain or have contained information that may be of interest to users of the Site. SBA Loan Exchange does not control the linked sites and resources, does not endorse them, and is not responsible for their availability, content, or delivery of services, or for any products or services that may be advertised or offered on any such sites. SBA Loan Exchange in no way warrants the accuracy of any content available at any linked site.
The Site information could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. SBA LOAN EXCHANGE MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, AND YOU SHOULD NOT RELY UPON THEM. SBA LOAN EXCHANGE MAKES THE SITE AVAILABLE ON AN “AS IS, AS AVAILABLE” BASIS, AND DOES NOT WARRANT THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED. SBA LOAN EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. YOU USE IT AT YOUR OWN RISK. IN NO EVENT WILL SBA LOAN EXCHANGE OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DISTRIBUTORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST REVENUE, PROFITS, OR SAVINGS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF SBA LOAN EXCHANGE’S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold SBA Loan Exchange, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
The Site is copyright 2017-2019 © SBA Loan Exchange, LLC. The Site, and all intellectual property rights in the content on the Site, along with its design, structure, and compilation (sometimes known as “look and feel”), are the property of SBA Loan Exchange. The Site contains various trademarks and service marks owned by SBA Loan Exchange. Any use of the Site contrary to the restrictions set forth in these Terms constitutes an infringement of SBA Loan Exchange’s copyright and other applicable rights in the Site and a breach of this agreement. Use of the Site and its contents grants you no intellectual property rights in the Site or any related trademarks, service marks, software, or content. Except as otherwise provided herein, none of this content of the Site may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Any unauthorized use by you may subject you to penalties or damages. SBA Loan Exchange will enforce its intellectual property rights to the full extent of the law. In consideration of your use of this Site, you agree to provide true, accurate, current, and complete information about yourself and to update that information as necessary. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You agree not to upload or transmit through this Site any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of this Site, any activities conducted on or through this Site or any servers or networks connected to this Site, including accessing any data, content, or other information prior to the time that it is intended to be available to the public on this Site. SBA Loan Exchange reserves the right to limit the number of projects, contacts, and companies that can be viewed during any given time period. SBA Loan Exchange reserves the right to validate business authenticity as needed or required to support proper use of the Site. You may not use this Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use this Site or any of its content to compete in any manner with SBA Loan Exchange, nor may you resell or redistribute this Site’s content without prior express written consent of management of SBA Loan Exchange.
Your subscription, including your username and password, are personal to you and may not be used by anyone else. Any sharing of your account information, login, passwords, or the information, content and data provided by this Site, with any other person, firm or entity is strictly prohibited. You are responsible for maintaining the confidentiality of your password and username. You are also responsible for every instance in which your account information, login, passwords, or the information, content and data provided by this Site is used by someone other than you, whether or not authorized by you. Access to this Site through the use of a specific user name and password will be terminated if there is an attempt to establish concurrent access to this Site using the same user name and password. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by e-mailing us at firstname.lastname@example.org. Until we are so notified you will remain liable for any unauthorized use of your account.
In these Terms, "User Created Content" (“UCC”) refers to all content you post on or through this Site. You are solely responsible for the UCC that you post on or through this Site. You are also legally responsible for any UCC submitted by anyone logging onto this Site using your username and password, including those doing so without your authorization. Under no circumstances will we be liable in any way for any UCC posted on or through this Site. Such UCC may be posted on or accessed through this Site in our sole discretion.
This means that you, not SBA Loan Exchange, are entirely responsible for all UCC that you upload, post, transmit, or otherwise make available to others on or through this Site and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If required, it is your responsibility to obtain any necessary permissions before you post that UCC on or through this Site.
Because we do not control the UCC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UCC. You also agree and understand that by accessing this Site, you may encounter UCC that you may consider to be objectionable. We have no responsibility for any UCC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any UCC posted, e-mailed, transmitted or otherwise made available on or through this Site. The UCC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of SBA Loan Exchange or any person or entity associated with SBA Loan Exchange.
You own UCC you submit, but we may use it. We do not claim any copyrights in UCC created and posted by individual visitors on or through this Site. However, by uploading, posting, transmitting, or otherwise making any UCC available on or through this Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize that UCC in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not submit any UCC that you do not wish to license to us, including any confidential information or product ideas. Please see our Privacy Statement for a description of how we may use certain types of UCC that you post on or through this Site.
We may disclose and/or remove UCC. SBA Loan Exchange reserves certain rights. We reserve the right (but do not have the obligation) to monitor all UCC. We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We reserve the right (but do not assume the obligation) to remove or block any UCC at any time without notice at our sole and absolute discretion. We reserve the right to disclose any UCC and the identity of the user who posted or transmitted that UCC in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of SBA Loan Exchange or others, or to enforce these Terms of Service. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this Site, or to censor, edit, or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of the UCC, and the user who made such UCC available on or through this Site will retain ownership thereof as described above.
Restrictions on UCC. It is a condition of these Terms that you do not (I) upload, post, transmit or otherwise make available: (a) any UCC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy; (b)any UCC that constitutes or promotes any illegal activity; (c) any UCC that is false, misleading, or fraudulent; (d) any UCC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) any UCC that violates or infringes upon the rights of others, including UCC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; (f) any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) any UCC that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose inconsistent with the purposes of this Site; (II) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; o violate any local, state, national, or international law, rule or regulation.
By posting UCC on or through this Site, you represent and warrant that: (i) you own or otherwise control all of the rights to the UCC you post and have the right to grant the license set forth in these Terms of Service; (ii) the UCC you post is accurate; and (iii) you are at least eighteen years old and you have read and understood - and your UCC fully complies with - these Terms of Service and applicable laws and will not cause injury to any person or entity.
Remember, you are legally responsible for your UCC. You can be held personally liable if your UCC is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any UCC submitted by anyone logging onto this Site using your username and password, including those doing so without your authorization.
This agreement shall be governed by the law of the State of Georgia. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Georgia for any claim or dispute with SBA Loan Exchange or any of its subsidiaries, affiliates, officers, agents, or employees relating to the Site. If any part of these Terms is found invalid, void, or otherwise unenforceable, the invalid, void, or unenforceable provision will be deemed superseded by a valid, enforceable provision that matches the intent of the original provision as nearly as possible, and the remainder of the agreement shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by an authorized SBA Loan Exchange representative. Any failure of SBA Loan Exchange to enforce any right under this Agreement will not waive that right. You must file any claim or suit related to the Site within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.