User acknowledges that it alone is responsible for determining the Loans for which it would like to purchase or sale and the suitability of its investment choices in light of its particular circumstances. User understands that Company assumes no responsibility for such determination. User assumes full responsibility for each and every transaction in or for User’s account and for its own investment strategies and decisions. User understand and agrees that Company and its affiliates will have no liability whatsoever for the results of its investment strategies, transactions and decisions.
Company shall devote such time and best efforts to maintain the System as is reasonable and adequate to render the services contemplated by this agreement.
Company grants User, and User shall have, only a limited, revocable, non-exclusive license to access and use the System and User shall only use the System for conducting transactions as described herein.
All materials provided on the System, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Company. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Company. You may not "mirror" any materials contained on this Website on any other server or site without the Company's prior written consent.
Every User has the responsibility to use the System for a valid business purpose in an efficient, moral, ethical and lawful manner. Every User who is granted authorization for access to the System also acknowledges that he/she must strictly comply with all applicable privacy statutes or regulations, whether state or federal, including, but not limited to, the Gramm-Leach-Bliley Act. A User must protect and safeguard private, non-public information of the Company and/or its customers or other third parties obtained from the System from disclosure to any third parties who do not have authorization and a valid business purpose to obtain such information. Every User who is granted authorization for access to the System acknowledges that he/she is also subject to the Company's Privacy Statement (regarding confidentiality of customer information) that he/she has read and agrees to be bound by these terms.
To prevent unauthorized use of the System, you agree to protect and keep confidential your User Name and Password (collectively referred to as "Login") used to gain access to the System. If you permit any other person or entity to use your Login to access the System, you are responsible for any activity, lawful or unlawful, performed from your Login and from any use of your Login by such person or entity.
The Company reserves the right to refuse service to anyone for any reason. This right will be exercised when it becomes evident a User is in some way abusing the system. You acknowledge and agree that you are personally responsible for your conduct while using the System, and you expressly agree to indemnify and hold the Company harmless from and against any loss damage, liability, cost and expense of any kind (including, but not limited to, reasonable attorney's fees) that the Company may incur as a result of any claim by a third party or otherwise in connection with your use of the System, the use of the System by anyone using your Login, any violation of by you of this Agreement or the rights or any third party (including, but not limited to, privacy rights). Your liability under this section shall survive termination of this Agreement.
Use of this System may be monitored, tracked and recorded. By logging into the System as a user you are indicating your consent to be bound by this entire agreement and you expressly consent to such monitoring.
Under no circumstances shall Company be liable for any direct, indirect, incidental, consequential or exemplary damages of any kind, even if Company has been advised of the possibility of such damages, resulting directly or indirectly from any aspect of User’s use of the System or any interactions or dealings arising from User’s use of the System or any Content, whether arising from (i) misuse, inability to use, interruption of use, or suspension, modification or termination of the System; (ii) any services obtained as a result of using the System; (iii) any Loans listed, purchased or sold on the System; (iv) any Content posted on the System.
If there is a Dispute among multiple User’s, User hereby releases Company from all claims, demands actual and consequential damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the System or Content.
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THE SYSTEM ARE PROVIDED SOLELY ON AN "AS IS" BASIS. COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE SYSTEM.