These Terms govern your current visit to a Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on a Site. As your next visit to a Site may be governed by different terms posted at this page, you should review the terms on this page each time that you visit a Site.1. Authorized User; Your Responsibility; Use of Website.
All information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of ProBusinessFunding.com/ on any Site (collectively, "Site Content") is the sole property of ProBusinessFunding.com/, as between you and ProBusinessFunding.com/. The Site and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. ProBusinessFunding.com/ reserves all rights, in and to the Site and the Site Content, which rights are not expressly granted herein. Unless otherwise noted, the ProBusinessFunding.com/ name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of ProBusinessFunding.com/, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of a Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Site or Site Content.3. Use of the Site.
ProBusinessFunding.com/ reserves the right in, its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content and any third party's User Content at any time with or without notice for any or no reason.4. Third Party Content.
ProBusinessFunding.com/ may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively "Third Party Content"). Third Party Content is not under the control of ProBusinessFunding.com/. ProBusinessFunding.com/ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink from our Site, links contained in any Third Party Content, or any review, changes or updates to a third party web site or for third-party web sites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third Party Content are those of the respective author(s) or distributor(s) and not of ProBusinessFunding.com/. ProBusinessFunding.com/ does not guarantee the merchantability or fitness for any particular purpose of Third Party Content. Please not that once you leave our Site, these Terms do not govern your use of the third party site, and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites.5. Use of Information.
All remarks, suggestions, ideas, graphics, or other information communicated by you to us to improve the Site, the Site Content or the products or services of ProBusinessFunding.com/ or its affiliates (each, a "Submission") will forever be ProBusinessFunding.com/'s property. We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. We will be entitled to use Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.6. Compliance with Laws.
You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Site. ProBusinessFunding.com/ reserves the right to terminate any account with respect to the Site and to prevent your use of the Site if such account is used to engage in illegal activity or to violate these Terms.7. Additional Products and Services Disclaimer.
ProBusinessFunding.com/ makes available certain descriptions of its products and services on the Site. ProBusinessFunding.com/ does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the Site. This paragraph is in addition to and not instead of the disclaimers set forth in these Terms.8. Indemnity.
You agree to indemnify, defend and hold harmless ProBusinessFunding.com/, its affiliates, licensors, and partners, including without limitation, ProBusinessFunding.com/'s service providers and banks, and their respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, your use of the Site, Site Content or User Content (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any Site on your behalf. ProBusinessFunding.com/ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.9. Disclaimer.
THE SITE, THE SITE CONTENT AND USER CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.10. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL ProBusinessFunding.com/ OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND ProBusinessFunding.com/'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.11. Limited Time to Bring Your Claim.
You agree that any cause of action arising out of or related to ProBusinessFunding.com/, any Site, any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.12. Privacy.
These Terms, and the interpretation, performance and enforcement of your and ProBusinessFunding.com/'s rights and duties, shall be construed in accordance with the laws of the State of New York, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. By using any Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in New York County, New York, or, at ProBusinessFunding.com/'s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in New York County, New York.14. Miscellaneous.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. ProBusinessFunding.com/ makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by ProBusinessFunding.com/ to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site.