User Agreement
By accessing or using this FastFundsForBusiness.com web site (the "Site"), you
hereby accept and agree to comply with the terms and conditions set forth in
this User Agreement. This User Agreement is a binding agreement between you and
FastFundsForBusiness.com, and governs your access and use of the Site, which
includes any information, data, tools, products, services and other content
(together, "Content") available on or through the Site. You may contact
FastFundsForBusiness.com by e-mail (info@fastfundsforbusiness.com) with
questions about the terms and conditions of this User Agreement.
1. FastFundsForBusiness.com grants you a limited right to use the Site.
Your right to use the Site is subject to your agreement to abide by this User
Agreement in its entirety, as well as any other rules, procedures, policies,
terms or conditions that govern all or any portion of the Site. At any time and
for any reason we may revoke your right to use all or any portion of the Site.
You may not violate or attempt to violate the security of the Site. You will not
add to, delete or otherwise alter any Content.
2. The Site is owned by FastFundsForBusiness.com, its affiliates and/or third
parties.
The Site is protected by one or more copyrights, patents, database rights,
trademarks, servicemarks and/or other intellectual property and proprietary
rights that are owned by FastFundsForBusiness.com, its affiliates and/or third
parties. You may not decompose, decompile, reverse engineer, disassemble or
otherwise deconstruct all or any portion of the Site. You may not publish,
broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create
any derivative of or otherwise redistribute all or any portion of the Site
except as explicitly permitted in this User Agreement. You may print copies of
any accessible portion of the Site only for your own personal use. You may
discuss information that you learn from the Site with your financial, legal or
tax advisors, and others with whom you share investment decisions. You may not
remove any copyright, trademark or other proprietary notice or legend contained
on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the
Site.
You represent and warrant that: you have full authority and all rights necessary
to enter into and fully perform all of your obligations pursuant to this User
Agreement; and you have not and you will not enter into any agreement or perform
any act which might contravene the purposes and/or effects of this User
Agreement. All information provided by you in connection with registration for
and use of this Site is true and correct.
4. All Content is for informational purposes only.
Nothing on the Site is an offer or solicitation to buy or sell any security.
Although the Site may include investment-related information, nothing on the
Site is a recommendation that you purchase, sell or hold any security or other
investment, or that you pursue any investment style or strategy. We do not give
any advice or make any representations through the Site as to whether any
security or investment is suitable to you or will be profitable. Nothing on the
Site is intended to be, and you should not consider anything on the Site to be,
investment, accounting, tax or legal advice. If you would like investment,
accounting, tax or legal advice, you should consult with your own financial
advisors, accountants or attorneys regarding your individual circumstances and
needs. The past performance of any investment, investment strategy or investment
style is not indicative of future performance.
5. There are various risks you assume in relying on the Content.
Dated Content speaks only as of the date indicated. We make reasonable efforts
to provide accurate Content, but at times we may not promptly update or correct
the Content even if we are aware that it is inaccurate, outdated or otherwise
inappropriate. We may change all or any portion of the Site at any time without
notice to you. You agree that we are not liable for any action you take or
decision you make in reliance on any Content. You should carefully review and
base your investment decisions and assessment of risk involved in any investment
on the offering materials relating to such investment and not on any of the
Content.
6. You must keep all Content and your password confidential.
You may not disclose any Content to any third party, except to your financial,
legal or tax advisors, and others with whom you share investment decisions. You
are solely responsible for the confidentiality and security of your password.
You accept full responsibility for any use of your password, whether authorized
or unauthorized. You must notify FastFundsForBusiness.com immediately of any
actual or suspected loss, theft or unauthorized use of your password. We are not
obligated to inquire as to the authority or propriety of any use of or action
taken under your password. We will not be responsible for any loss to you that
arises from such use or action or from your failure to comply with these
provisions.
7. FastFundsForBusiness.com is not liable for any technological problems and any
impact that they may have.
All or any portion of the Site may not be available and may not function
properly at any time. We make reasonable efforts to avoid technological
problems, but at any time the Site may have and may cause technological problems
such as viruses and other damaging computer programming routines or engines. We
take reasonable security precautions when using the Internet, telephone or other
means to transport data or other communications, but we disclaim liability for
any interception or corruption of data or communications. We make reasonable
efforts to ensure that the Site is secure but we do not guarantee the security
of the Site. We are not liable for any damage or injury caused by the
performance or failure of performance of all or any portion of the Site. We are
not liable for any defects, delays or errors in or resulting from your use of
the Site.
8. FastFundsForBusiness.com is not responsible for information on any third
party web site that is referred in, or accessible or connected by hyperlink to,
the Site. If you access any third party web site through the Site or otherwise,
you do so at your own risk. Hyperlinks to or from the Site do not constitute
third party endorsement of, sponsorship by or affiliation with us.
9. FastFundsForBusiness.com has the right but not the obligation to monitor and
record activity on the Site and respond as it deems appropriate. We may monitor
and record activity on the Site for any reason or for no reason. We may
investigate any complaint or reported violation of our policies. We may report
any activity that we suspect may violate any law or regulation to regulators,
law enforcement officials or other persons or entities that we deem appropriate.
We may issue warnings, suspend or terminate use of the Site, deny access to all
or part of the Site or take any other action that we deem appropriate if we have
any reason to suspect unlawful activity, unauthorized use, violation of this
User Agreement or that you have provided untruthful statements as to your
identity, your Qualified Purchaser Qualifications or the purpose of your
accessing the Site.
10. FastFundsForBusiness.com will abide by its privacy statement. Personal
nonpublic information that we gather from you will be governed by our Privacy
Statement.
11. FASTFUNDSFORBUSINESS.COM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE
THAT THE LAW ALLOWS IT TO DISCLAIM.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE
INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL
DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS,
TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE
SITE OR ANY PART OF THE CONTENT.
12. FASTFUNDSFORBUSINESS.COM’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER
CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE
SITE. OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL
PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF
FASTFUNDSFORBUSINESS.COM, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH
RESPECT TO THE SITE IS $100. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL
DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability to FastFundsForBusiness.com that
arises out of your breach of this User Agreement or your use of the Site. You
agree to indemnify, defend and hold harmless FastFundsForBusiness.com and its
affiliates, agents, employees and third party sources from and against any and
all suits, losses, claims, demands, liabilities, damages, costs and expenses
(including reasonable attorneys' fees) that arise from or relate to: your use of
the Site, your breach of this User Agreement or any representation, warranty or
covenant made by you in this User Agreement, your violation of any applicable
law, statute, ordinance, regulation or of any third party's rights, or claims
asserted by third parties.
14. You agree to RESOLVE by arbitration any controversy arising between you and
FastFundsForBusiness.com AND/OR any of our respective CONTROL PERSONS,
predecessors, subsidiaries, affiliates, successors, assigns and employees. With
respect to the resolution of any such controversy, you further acknowledge that:
- Arbitration is final and binding on the parties.
- The parties are waiving their right to seek remedies in court, including the
right to jury trial.
- Pre-arbitration discovery is generally more limited than and different from
court proceedings.
- The arbitrators' award is not required to include factual findings or legal
reasoning and any party's right to appeal or to seek modification of rulings by
the arbitrators is strictly limited.
- The panel of arbitrators will typically include a minority of arbitrators who
were or are affiliated with the securities industry.
Any arbitration under this User Agreement shall be conducted before the National
Association of Securities Dealers, the New York Stock Exchange or any other
national securities exchange on which a transaction giving rise to the claim
took place (and only before such exchange). Arbitration is initiated by a party
serving the other party with a written demand for arbitration or a written
notice of intention to arbitrate, which demand or notice shall include an
election of one of the foregoing forums for arbitration. If you fail to make
such election by registered mail addressed to FastFundsForBusiness.com, 20225 NE
16th Place, Miami, FL 33179 (or any other address of which you are advised in
writing), before the expiration of five days after you deliver to
FastFundsForBusiness.com a written demand for arbitration or a written notice of
intention to arbitrate, FastFundsForBusiness.com may make such election on your
behalf. No person shall bring a putative or certified class action to
arbitration nor seek to enforce any pre-dispute arbitration agreement against
any person who has initiated in court a putative class action or who is a member
of a putative class who has not opted out of the class with respect to any
claims encompassed by the putative class action until:
- the class certification is denied; or
- the class is decertified; or
- the customer is excluded from the class by the court.
Such forbearance to enforce an agreement to arbitrate shall not constitute a
waiver of any rights under this User Agreement except to the extent stated
herein.
15. You will be bound by revised versions of this User Agreement that
FastFundsForBusiness.com posts on the Site. Modifications will be effective
immediately upon posting unless we indicate otherwise. Your use of the Site
indicates your full acceptance of this User Agreement in its then-current form
each time you use the Site.
16. You are bound by certain other general conditions. We may assign this Site
and this User Agreement in whole or in part at any time without your consent.
You may not assign this User Agreement or delegate any of your obligations under
this User Agreement. Any purported assignment of this User Agreement in
violation of its terms is void. If any provision of this User Agreement is found
invalid or unenforceable, that provision shall be enforced to the maximum extent
possible and the remaining provisions of the User Agreement shall remain in full
force and effect. This User Agreement constitutes the entire understanding, and
supersedes all other understandings, between you and FastFundsForBusiness.com
concerning the subject matter hereof.