2. Accepting the Terms
By using the information, tools, features and functionality located at businessloans.com or subdomains (the “Website” and such information, tools, features and functionality, the “Service”), you agree to be bound by these terms and conditions (the “Agreement”). You certify all information you provide is true, correct and complete and that you will notify us of material changes to such information.You may not use the Service and you may not accept this Agreement if you are under 18 years of age. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records. From time to time we may update, discontinue, add, modify, or update any part of the Website and your continued use of the Service constitutes acceptance of such changes.
You also agree that the Website is only available for access and use by you for lawful purposes. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Reproduction of any material on this website is prohibited. Copyright infringement is prohibited.
The information set forth in the Website is for informational purposes only and represents views, estimates and assumptions, some of which have been obtained through third-party unaffiliated sources, any of which may change without notice. OnDeck has not independently verified or undertaken to independently verify such information and does not guarantee its accuracy. From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. You hereby acknowledge and agree that use of the Service is entirely at your own risk, the Service is provided on an “as is” basis, and OnDeck, its affiliates, directors, officers, employees, representatives and agents disclaim and make no representations or warranties with respect to the Service. You hereby agree to release and discharge the Website, OnDeck, its affiliates, directors, officers, employees, representatives and agents and all respective successors and agents from all claims, demands, liabilities, obligations and costs which now or hereafter arrives from use of the Website or Service. You hereby acknowledge that OnDeck makes no representations or warranties with respect to the Service.
3. Privacy and your Personal Information
4. Proprietary Rights
You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
5. Rights You Grant to OnDeck
As the owner of any information you provide to us through the Service (your “User Information”), you are licensing the User Information to OnDeck for any lawful purpose, including the provision of the Service and to display, distribute, and create new material incorporating such User Information. By submitting User Information, you represent that you are the owner of the User Information and are entitled to submit it to OnDeck for use for this purpose, without any obligation by OnDeck to pay any fees or other limitations and without any particular time limit. You hereby agree to release OnDeck and its service providers from any claims arising out of the use of your User Information contemplated herein.
6. Third-Party Links
Some parts of the Service may be supported by sponsored links from advertisers and may display offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. The Service will provide links to other web sites belonging to advertisers and other third parties. OnDeck does not endorse, warrant or guarantee the products or services available through the offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and OnDeck is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
7. Electronic Communications
By choosing to access the Service via the internet, you hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow OnDeck to respond to any inquiries by e-mail regardless of the format of the original inquiry.
To electronically receive, view, and save the Agreement, you must have a personal computer equipped with Firefox 2.0 or Microsoft Explorer 6.0 or later versions, and either a printer, a hard drive, or other storage device.
8. Telephone Communications
You hereby expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from OnDeck, its affiliates, marketing partners, agents and others calling at OnDeck’s request or on its behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular or mobile telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
You agree that you will not:
a. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
b. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website without OnDeck’s express written consent, which may be withheld in OnDeck’s sole discretion;
c. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Service and other than generally available third-party web browsers; or
d. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service.
As part of the Service, OnDeck may allow users to post content on bulletin boards, blogs and at various other publicly available locations on the Website. You agree in posting content to follow certain rules.
a. You are responsible for all content you submit to the Website.
b. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each other user a non-exclusive license to access your posted content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website and under this Agreement.
c. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
d. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
e. You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
f. You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
g. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
11. Limitations on OnDeck’s Liability
ONDECK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF ONDECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ONDECK’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER RELATED TO THE SERVICE AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
12. Your Indemnification of OnDeck
You shall defend, indemnify and hold harmless OnDeck and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.