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TheLendingBusiness.com Terms and Conditions of Use
IN THESE TERMS AND CONDITIONS (“Terms”), "WE," "US," "ITS" AND "OUR" REFER TO THE LENDING BUSINESS LLP., its parent corporation, subsidiaries, and affiliated companies (“THELENDINGBUSINESS”). Before using TheLendingBusiness.com, please read these Terms relating to your use of this web site carefully.
1. USE OF SERVICES
THELENDINGBUSINESS offers online resources to help source lending firms and associated financial firms by them to list in the sourcing system database and the opportunity to purchase banner ad’s on TheLendingBusiness.com.
THELENDINGBUSINESS offers TheLendingBusiness.com to you provided that you represent that you are of legal age to create binding contractual and financial obligations for any liability that you may incur as a result of your use of TheLendingBusiness.com.Your use of TheLendingBusiness.com constitutes your agreement with the Terms and the TheLendingBusiness.com policies ("Policies") posted from time to time and the Privacy Statement, both of which are incorporated by this reference into the Terms. Your use of a particular TheLendingBusiness.com service ("Service") may be subject to specific guidelines posted from time to time and incorporated by this reference into the Terms. Use of the Services constitutes full acceptance of and agreement to the Terms and the specific guidelines applicable to the same.
If you do not agree to these Terms, then you are not granted rights to use TheLendingBusiness.com or any of its Services, and you should refrain from accessing TheLendingBusiness.com and its Services. If you violate any of these Terms, your permission to use TheLendingBusiness.com automatically terminates.
TheLendingBusiness.com reserves the right to update and change the Terms, including without limitation the Privacy Statement, Policies and/or Service-Specific Rules, from time to time. THELENDINGBUSINESS will alert users of any changes by email. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement, Policies and any other specific guidelines. Use of TheLendingBusiness.com after changes to the Terms constitutes acceptance of any changes. It is therefore important that you regularly review these Terms and keep your contact information current to ensure you receive any changes via email.
Please note that there are risks, including but not limited to the risk of, dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this web site and that you give to other web site users. You assume all risks associated with dealing with other users. We expect that you will use caution and common sense when using this web site.
2. REGISTRATION OBLIGATIONS
In order to access certain Services, you may be required to register and obtain an account with TheLendingBusiness.com.
When registering, you must: (a) provide true, accurate, current and complete information (collectively, the "Registration Data") and (b) update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any or all use of TheLendingBusiness.com by you.
You will have an account with TheLendingBusiness upon completing the TheLendingBusiness.com registration process. You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account. You agree to immediately notify THELENDINGBUSINESS of any unauthorized use of your password or account or any other breach of security. THELENDINGBUSINESS will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Use unique numbers, letters, and special characters for passwords and log off from your account at the end of each session.
TheLendingBusiness.com handles user Registration Data in accordance with the TheLendingBusiness.com Privacy Statement accessible at http://TheLendingBusiness.com/.
3. APPROPRIATE CONDUCT AND RELATED USER REPRESENTATIONS AND WARRANTIES
As used throughout these Terms, "Content" means any text, data, software, music, sound, photograph, graphic, video, message, or material, whether posted as a banner, or privately transmitted via TheLendingBusiness.com. You agree that you are responsible for your own conduct and any Content that you or anyone using your account creates, transmits or displays when on TheLendingBusiness.com ("Your Content") and for any consequences thereof.
When you create or make available Your Content, you thereby represent and warrant that:
a. you own or have sufficient rights to post Your Content posted by, on or through TheLendingBusiness.com;
b. the posting of Your Content on or through TheLendingBusiness does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
c. you have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owning any person by reason of any of Your Content that you posted to or through TheLendingBusiness.com;
d. Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
e. Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
f. Your Content does not contain material that solicits personal information from anyone under 18;
g. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available Your Content, or (ii) secured from your employer a waiver as to all rights in or to Your Content;
h. Your Content does not violate applicable law designated to regulate electronic advertising;
i. Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on THELENDINGBUSINESS's or others computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
j. Your Content does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
k. Your Content does not otherwise violate, or link to material that violates any provision of this Agreement;
You agree to use TheLendingBusiness.com only for purposes that are legal, and in accordance with the Terms, including without limitation the Privacy Statement and any applicable TheLendingBusiness.com Policies. To report any activity or Content that may violate the Terms, please email customerservices (at) thelendingbusiness.com
4. NO UNLAWFUL OR PROHIBITED USE
In connection with your use of TheLendingBusiness.com, you shall comply with all applicable laws without limitation.
In addition to the above, you may not access or use TheLendingBusiness.com for any purpose other than that for which THELENDINGBUSINESS makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Content, as determined by THELENDINGBUSINESS in its sole discretion.
Without limiting any other remedies, THELENDINGBUSINESS may suspend or terminate your TheLendingBusiness.com account if we suspect that you have engaged in unlawful activity in connection with TheLendingBusiness.com. In addition, THELENDINGBUSINESS reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in THELENDINGBUSINESS's sole discretion violates this provision.
5. THELENDINGBUSINESS.COM PRIVACY STATEMENT
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Statement. For information about our data protection practices, please read our Privacy Statement at http://www.TheLendingBusiness.com/policy.php. If you object in any way to these practices, please do not use our Services.
You understand that the technical processing and transmission of THELENDINGBUSINESS Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
6. PROPRIETARY RIGHTS
THELENDINGBUSINESS's Rights
You agree that content contained in sponsor advertisements or presented to you through TheLendingBusiness.com ("Sponsor Content"), along with any necessary software used in connection with operating TheLendingBusiness.com, contain proprietary and confidential information that are protected by intellectual property and other laws and treaties. In addition, the content on the Website, except for all Content, including without limitation, the text, graphics, photos, sounds, sayings and the like ("Materials") and the trademarks, service marks and logos of THELENDINGBUSINESS contained therein ("Marks"), are owned by or licensed to THELENDINGBUSINESS, subject to copyright and other intellectual property rights in the United Kingdom (home country) and foreign laws and international conventions.
Materials, Content and Sponsor Content on the web site and any necessary software used in connection with operating TheLendingBusiness.com are provided to you "AS IS" for your personal information and use and, except as expressly authorized by THELENDINGBUSINESS or respective third party rights holders in a separate written agreement, you agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, create derivative works of, or exploit the Materials, Content, Sponsor Content, and any necessary software used in connection with operating TheLendingBusiness.com, in whole or in part.
You also agree not to remove, obscure, or alter THELENDINGBUSINESS's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through TheLendingBusiness.com.
You agree not to access TheLendingBusiness.com by any means other than through the interface that is provided by THELENDINGBUSINESS, unless otherwise specifically authorized by THELENDINGBUSINESS in a separate written agreement. You also agree not to circumvent, disable or otherwise interfere with security related features of the web site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the web site or the Materials therein.
You agree to use THELENDINGBUSINESS Marks in accordance with the THELENDINGBUSINESS's policy. TheLendingBusiness.com is a registered trademark of THELENDINGBUSINESS in the United Kingdom (countries where the mark(s) have been registered); THELENDINGBUSINESS, the TheLendingBusiness.com logo and other TheLendingBusiness.com-related trademarks, service marks, and product and service names are trademarks of THELENDINGBUSINESS. All other names and designs may be trademarks of their respective owners.
Your Rights
Except for Feedback, which you agree to grant THELENDINGBUSINESS any and all intellectual property rights owned or controlled by you relating to the Feedback, THELENDINGBUSINESS claims no ownership or control over any Content. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights, as appropriate.
7. ALLEGATIONS OF COPYRIGHT INFRINGEMENT OR TRADEMARK INFRINGEMENT
Copyrights
You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Please note that you will be liable for damages (including costs and attorneys' fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on TheLendingBusiness.com in a way that constitutes copyright infringement, send a written notification pursuant to the THELENDINGBUSINESS at the email address customerservices (at) thelendingbusiness.com.
Trademarks
THELENDINGBUSINESS is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, THELENDINGBUSINESS encourages you to resolve trademark disputes directly rather than utilize THELENDINGBUSINESS as an intermediary.
8. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of, use of, or access to, Services on TheLendingBusiness.com, except those that are specifically endorsed or approved by THELENDINGBUSINESS. You shall not do the following without the express written consent of THELENDINGBUSINESS: (a) make any unauthorized use of the TheLendingBusiness.com Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the web site.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that THELENDINGBUSINESS has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted on TheLendingBusiness.com. While THELENDINGBUSINESS will use reasonable efforts to back up site with data and make such data available in the event of loss or deletion, THELENDINGBUSINESS has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on TheLendingBusiness.com.
Though THELENDINGBUSINESS may currently have no set fixed upper limit on the number of transmissions you may send or receive through TheLendingBusiness.com, THELENDINGBUSINESS retains the right, at its sole discretion, to create limits at any time and THELENDINGBUSINESS will alert users of any such limits by email and post updated Terms in accordance with Section 1.
THELENDINGBUSINESS reserves the right to mark as "inactive" and archive TheLendingBusiness.com accounts and/or projects that are inactive for extended periods of time.
Upon the termination of your TheLendingBusiness.com account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, THELENDINGBUSINESS will close your account and you will no longer be able to retrieve materials contained in that account.
TheLendingBusiness.com will not pre-screen or review Content, but THELENDINGBUSINESS reserves the right (but does not undertake the obligation) in its sole discretion to: (a) monitor the web site for violations of these Terms, (b) take appropriate legal action against anyone who, in THELENDINGBUSINESS's sole discretion, violates these Terms, including, without limitation, reporting you to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any THELENDINGBUSINESS policy; (d) terminate the accounts of repeat infringers; (e) otherwise manage the web site in a manner designed to protect the rights and property of THELENDINGBUSINESS and others and to facilitate the proper functioning of the web site.
10. SUBSCRIPTIONS
Specific Rules relating to our Subscription Service are available at http://www.thelendingbusiness.com/policy.php. We may change our Subscription Service fees from time to time in our sole discretion upon two weeks advance notice. You are responsible for paying all fees and all applicable taxes associated with using our Subscription Service. If THELENDINGBUSINESS terminates your use of the web site for breach of these Terms, you will not be entitled to any refund of any portion of the fees.
Using contact information obtained from TheLendingBusiness.com Marketplace to solicit services outside of the TheLendingBusiness.com Marketplace is not permitted. If you have been impermissibly solicited for services outside of the TheLendingBusiness.com Marketplace, please report the solicitation to us by sending a copy of solicitation, and if by email, include the full header in order for us to trace the pathway of the email.
11. LINKS TO THIRD PARTY WEB SITES
Links to third party web sites on TheLendingBusiness.com are provided solely as a convenience to the user. When a user uses these links, the user leaves TheLendingBusiness.com. TheLendingBusiness.com has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices. TheLendingBusiness.com does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, TheLendingBusiness.com encourages the user to read their privacy statements. The user accesses such sites at user's own risk.
12. INDEMNITY
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THELENDINGBUSINESS AND EACH OF THEIR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, FINANCIAL FIRMS AND OTHER CONTRACTORS (COLLECTIVELY, "THELENDINGBUSINESS INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER'S OF YOUR ACCOUNT) ACCESS TO OR USE OF THELENDINGBUSINESS.COM AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS , INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO THELENDINGBUSINESS.COM
IF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE THELENDINGBUSINESS INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THELENDINGBUSINESS INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED THELENDINGBUSINESS INDEMNIFIED PARTIES.
13. DISCLAIMER OF WARRANTIES
By operating the web site, THELENDINGBUSINESS does not represent or imply that THELENDINGBUSINESS endorses any Content or any other materials or items available on or linked to by the web site, including without limitation content hosted on third party web sites, or that THELENDINGBUSINESS believes Content or any other materials or items to be accurate, useful or non-harmful.
THELENDINGBUSINESS cannot guarantee and does not promise any specific results from use of the web site. No advice or information, whether oral or written, obtained by you from THELENDINGBUSINESS or the web site shall create any warranty not expressly stated herein.
ALL SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THELENDINGBUSINESS.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THELENDINGBUSINESS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THELENDINGBUSINESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THELENDINGBUSINESS DOES NOT WARRANT THAT THELENDINGBUSINESS.COM SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEB SITE. THELENDINGBUSINESS.COM DOES NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOUR USE OF THE WEB SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THELENDINGBUSINESS AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, FINANCIAL FIRMS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEB SITE, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO THIS WEB SITE OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.
THELENDINGBUSINESS RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU OR ANY OTHER PERSON.
14. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THELENDINGBUSINESS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON THE WEB SITE MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE THELENDINGBUSINESS.COM SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THELENDINGBUSINESS.COM), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE WEB SITE OR SERVICES, EVEN IF THELENDINGBUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THELENDINGBUSINESS'S LIABILITY AND THE LABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, FINANCIAL FIRMS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGES OR $100, WHICHEVER IS LESS.
15. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between THELENDINGBUSINESS and any user nor do these Terms extend rights to any third party.
16. NOTICE
You agree that THELENDINGBUSINESS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on TheLendingBusiness.com.
17. ENTIRE AGREEMENT
The Terms constitute the entire agreement between you and THELENDINGBUSINESS with respect to the subject matter hereof and govern your use of TheLendingBusiness.com, superseding any prior understandings and agreements between you and THELENDINGBUSINESS related to the subject matter hereof for the use of TheLendingBusiness.com. The section headings in the Terms are for convenience only and have no legal or contractual effect.
18. DISPUTES, CHOICE OF LAW AND FORUM
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of your access to or use of the Content and website, including without limitation your or others' downloading or consumption of Content or other materials available by means of the web site or third party web sites, your uploading Content to the web site, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in __________, _______ before and in accordance with the rules of _______. Notwithstanding the foregoing, THELENDINGBUSINESS will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the courts located in _____________. The Terms and the relationship between you and THELENDINGBUSINESS shall be governed by the laws of __________. You agree the UN Convention on Contracts for the International Sale of Goods shall not apply.
19. WAIVER AND SEVERABILITY OF TERMS
The failure of THELENDINGBUSINESS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
20. TIME LIMIT FOR FILING CLAIMS
Any claim or cause of action arising out of or related to use of TheLendingBusiness.com or the Terms must be filed within six months after such claim or cause of action arose or be forever barred.
21. ASSIGNMENT
In our sole discretion, we may assign these Terms by providing notice in accordance with the notice Section should THELENDINGBUSINESS ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of TheLendingBusiness.com.
22. TERM AND SURVIVAL
These Terms shall remain in full force and effect while you use the TheLendingBusiness.com Services or are a user of TheLendingBusiness.com. You may terminate your use or participation at any time, for any reason, by following the instructions here http://www.thelendingbusiness.com/policy.php. THELENDINGBUSINESS may terminate your use or participation at any time for violation of these Terms or any laws or to protect the integrity of the web site, the networks or services connected to the web site or other users. THELENDINGBUSINESS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TheLendingBusiness.com or any Service. THELENDINGBUSINESS shall not be liable to any user or other third party for any such modification, suspension or discontinuance. Even after your use or participation is terminated, the material terms of these Terms will remain in effect.
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