Terms & Conditions
Access to and use of the Microloans.com site is provided subject to the
following terms and conditions. Please read these terms and conditions
carefully as your use of the site and Microloans.com services
constitutes acceptance of these terms and conditions. If you do not
agree to the terms and conditions, do not use the site or services.
Microloans.com may, in its sole discretion, modify or revise these terms
and conditions at any time by updating this web page. You are bound by
any such modification or revision and should visit this page
periodically to review the terms.
1.
SERVICES
Microloans.com provides a service that allows borrowers to submit
Requests for Quotes (RFQs) to multiple lenders. We strive to make your
experience a positive one.
It should
be noted that Microloans.com may not always be able to match your RFQ(s)
with lenders. While we seek to enlist only the highest quality lenders,
we do not guarantee the quality or the credentials of the lenders who
receive and respond to your loan request. As Microloans.com is a conduit
for matching borrowers with lenders, we are not responsible for any
transaction that may occur between you and/or your company and a
Microloans.com participating lender. Microloans.com does not guarantee
the quality, safety or legality of the information provided or the
lenders. You should exercise as much caution as you would typically
exercise with any financial transaction.
Should you
have a dispute with any lender, you must address such dispute with the
lender directly. You hereby agree to release Microloans.com (and our
employees and agents) from any and all damages or claims (including
consequential and incidental damages) arising out of or in any way
connected with such disputes and your borrowing transactions.
2.
YOUR USE OF Microloans.COM SERVICES
Microloans.com enables you to initiate transactions for the purchase of
products or services. However, Microloans.com is not the supplier of
such products or services, nor is it a third party to any transactions
involving such products or services. Microloans.com matches RFQ(s) from
borrowers to participating lenders.
You agree
that by completing an RFQ, you are entering into an agreement with
Microloans and a business relationship with Microloans.com lenders and
thus agree to be contacted by Microloans.com and its lenders. You
acknowledge that these lenders can contact you regarding your RFQ(s) and
that you are expressly consenting to such contact by them, or
Microloans.com if necessary, to fulfill such RFQ via phone, fax, email,
mail or other reasonable means, at any of your contact numbers or
addresses. These contacts are necessary to provide the services set
forth on our site, to service your account, to reasonably address
matters pertaining to your account or for other reasonable purposes
related to our business.
It is
agreed that your use of Microloans.com services is for borrowing
purposes and not for any other purpose including advertising or
competitive intelligence. You acknowledge that Microloans.com screens
your RFQ(s) and has the right (but not the obligation) in our sole
discretion to deny any RFQ that is in violation of these terms and
conditions.
If it is
determined or suspected by Microloans.com in its sole discretion that
you are misusing or attempting to misuse or circumvent the
Microloans.com services or system, or are using or attempting to use it
for any inappropriate purposes, including but not limited to activities
such as hacking, fraud, advertising, or spamming, Microloans.com
reserves the right, in its sole discretion, to immediately terminate
your access without notice and to commence legal actions or proceedings
to seek remedies and/or damages, including but not limited to lost
revenue, repairs, legal fees, costs and expenses, and to seek
injunctions or other equitable remedies.
3.
INFORMATION YOU PROVIDE TO US
When using Microloans.com services, you will be prompted to disclose
certain information about yourself and your credit history. This
information will be sent to matching lenders who will need this
information to respond to you. You agree to only complete an RFQ for
yourself or another person who has authorized you to share his or her
contact information. You promise that all information you provide will
be accurate, current and truthful to the best of your knowledge. If you
provide any information that is untrue, not current or incomplete, or
Microloans.com has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Microloans.com has the
right to refuse you any current or future use of the MICROLOANS.COM
services. You are responsible for any use of the Microloans.com services
by persons to whom you intentionally or negligently allow access to your
password. Your acceptance of these Terms & Conditions indicates that you
expressly consent to our use and disclosure of your personal information
in accordance with our Privacy Policy.
4.
LINKS TO THIRD PARTY SITES
There are links in the Microloans.com web site that will allow you to
leave Microloans.com web site. The linked sites are not under the
control of Microloans.com, and Microloans.com is not responsible for the
contents of any linked site or any link contained in a linked site or
any changes or updates to such sites. Microloans.com is providing these
links to you as a convenience, and the inclusion of any link does not
imply endorsement by Microloans.com of the site.
6.
COMMUNICATIONS
Microloans.com may send you information related to your Request for
Quotes or your Microloans.com account. You acknowledge and agree that
Microloans.com has the right to do so. Microloans.com may also send you
information and offers related to Microloans.com products and services,
which you can choose to opt out of by changing your notification
preferences as described in our Privacy Policy. Notwithstanding the
foregoing, under no circumstances will Microloans.com or any of its
suppliers have any obligation to provide you with upgrades,
enhancements, modifications, or support for the Services provided.
7.
GENERAL TERMS
You acknowledge and agree that the Microloans.com services are provided
to you on an "AS IS" basis without any warranty whatsoever, and your
sole and exclusive remedy, and Microloans.com sole obligation to you or
any third party for any claim arising out of your use of the
Microloans.com services or the Microloans.com Web site, is that you may
terminate use of the Microloans.com services or the Microloans.com Web
site at any time. Microloans AND/OR ITS RESPECTIVE LENDERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Microloans EXPRESSLY DISCLAIMS ANY
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND
ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES
(EVEN IF Microloans.com. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW
FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
You agree
to indemnify Microloans, and its subsidiaries, affiliates, officers,
employees, agents, and co-branders and hold them each harmless from any
and all claims or demands, including attorney's fees, made by any third
party due to or arising from your use of the Microloans.com services or
connection to the Microloans.com web site or your violation of the Terms
and Conditions, or arising from your violation of any rights of a third
party. The Terms and Conditions will inure to the benefit of
Microloans successors, assigns and licensees. If any part of this
agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. The failure of Microloans.com to exercise or enforce any right
or provision of the Terms and Conditions shall not constitute a waiver
of such right or provision. You agree that any claim or cause of action
arising out of or related to use of the Microloans.com services or the
Terms and Conditions must be filed within one (1) year after such claim
or cause of action arises. The section titles in the Terms and
Conditions are for convenience only and have no legal or contractual
effect.
You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and Microloans.com as a result of this Agreement or
use of this Web site.
This
Agreement is governed by the laws of the State of Texas. You hereby
consent to the exclusive jurisdiction and venue of courts in Dallas
County, Texas, in all disputes arising out of or relating to the use of
this site.
This
Agreement constitutes the entire agreement between you and
Microloans.com with respect to this site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral,
or written, between you and Microloans.com with respect to this site.
This
Agreement constitutes the entire agreement between you and
Microloans.com with respect to this site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral,
or written, between you and Microloans.com with respect to this site.
