TERMS OF USE

 

These terms of use are an agreement between you and JFQ Lending, Inc., an Arizona corporation (the “Company”). This agreement (this “Agreement”) governs your use of the services made available through the Company’s website via the internet on your computer and/or your mobile device (the “Services”).

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN AND HAVE ENTERED INTO A BINDING AGREEMENT WITH THE COMPANY REGARDING THE SERVICES.

The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Services or to change, suspend or discontinue all or any aspect of the Services, including the availability of any feature, database, information or content, at any time and without prior notice or liability. Continued use of the Services following the posting of any changes to the terms of the Agreement constitutes your acceptance of the changes. If you do not agree with the terms and conditions of this Agreement at any time, you are required to cease use of the Services. The Company encourages you to print a copy of this Agreement for your records.

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THE SERVICES. You are not authorized to use the Services in any jurisdiction where the terms of this Agreement are not enforceable.

1. Use of the Services.

(a) To use portions of the Services, you must provide personal data and contact information. You agree to provide true, complete, and current information in connection with any such request and to promptly notify the Company of any changes in the information. The Company reserves the right to deny access to the Services if it cannot verify the accuracy of the information you provide or if you provide incomplete and/or incorrect information. Once the Company starts processing your information, you agree to cooperate in the process, and if needed, to obtain information the Company may need from third parties, such as your bank and employer. The Company may contact you via telephone at the number you provide in furtherance of the Services. Such telephone calls may be recorded or monitored.

(b) By using the Services, you agree that, to the extent set forth in the Company’s Privacy Policy (the “Privacy Policy”) and subject to the limitations set forth therein, the Company may disclose any information you provide or that it obtains concerning your use of the Services. You understand and agree that the Company may share the information that you provide with lenders.

(c) The Company does NOT make loans and is NOT a lender or a creditor. Nothing in this Agreement or on the Services constitutes an offer for a loan commitment or interest rate lock agreement. The Services are only administrative. Any inquiry you submit is an inquiry to be matched with lenders. Because not all users will qualify, you may not be matched with a lender. The Company makes no representation that the Services will produce certain results. You should rely on your own judgment in deciding which available loan, terms, or lender best suits your needs and financial means.

(d) Once matched with lenders, in addition to this Agreement, your interaction with each lender is subject to and governed by the terms and guidelines, if any, of such lender; for example, you may have to complete a formal application with the lender you choose and you may be required to pay an application fee. If you enter into an agreement with a lender, you acknowledge that the Company is not a party to any such agreement and that the lender is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the lenders. The Company does not endorse, warrant, or guarantee the products or services of any lenders. You agree that the Company shall not be liable for any damages or costs which arise from your use of the lenders’ goods or services. The Company is not acting as your agent or as the agent of any lender.

2. Content; License.

(a) The Services include content, information and educational materials, which content, information and education materials have been developed by the Company and certain third-party sources. The Company cannot ensure that any such content, information and educational materials is accurate, exhaustive or complete, or that it will necessarily include all of the most recent information available on a particular topic. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CLAIMS CONCERNING SUCH CONTENT, INFORMATION AND EDUCATIONAL MATERIALS. You are solely responsible for use of and reliance on this content, information and educational materials.

(b) The Company is and will remain the sole and exclusive owner of all right, title and interest in and to the Services, the underlying software, and all related intellectual property rights inherent therein, and additional suggestions, ideas, enhancements requests, Feedback (defined in Section 14 below), recommendations or other information provided by you relating to the Services. Nothing contained in this Agreement shall give you any ownership interest in, or title to, the Services.

(c) Subject to the terms and conditions of this Agreement, the Company grants you a non-exclusive, non-transferable, non-sublicensable license to use the Services. This license shall immediately terminate upon termination of this Agreement.

(d) “User Data” shall mean all data or information submitted by or on behalf of you to the Services, including reviews, messages and comments. As between the Company and you, you exclusively own all rights, title, and interest in and to all User Data. The Company shall have the right to access and use the User Data solely to perform its obligations in accordance with the terms of this Agreement and as otherwise expressly permitted in this Agreement. The Company shall not be responsible or liable for the deletion, alteration, destruction, damage, loss or failure to store any User Data.

(e) The Company reserves the right to develop and commercialize benchmarks and measures based on Aggregated Data. “Aggregated Data” shall mean User Data that is (i) anonymized, and not identifiable to any person or entity, (ii) combined with the data of other users or additional data sources, and (iii) presented in a manner from which your identity may not be derived.

3. Restricted Use.

(a) You may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Services, in whole or in part, without obtaining permission of the Company, except as expressly permitted in this Agreement or permitted under copyright law.

(b) You agree not to use the Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Services that: (i) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (ii) you are not authorized or have the right to make available; (iii) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (iv) violates the property rights of others; (v) offends the community standards of users of the Services; (vi) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Services or that would interfere with the proper working of the Services; (vii) burdens the network capacity; or (viii) otherwise violates any applicable law.

(c) You shall not access the Services in order to build a similar or competitive website, product, or service. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services.

4. Reviews, Comments and Messages.

(a) The Services may include a review, comment or messaging communication feature. By submitting a review, you grant the Company a non-exclusive, royalty free, sublicenseable, worldwide license to your review, to copy, distribute, transmit, display, reproduce, edit, store, market and incorporate the review, in whole or in part, including but not limited to the right to grant sublicenses to the review, to create derivative works of the review, and distribute the review to third parties. The Company will not pay you for your review or to exercise any rights related to your review set forth in the preceding sentence. The Company may remove your review at any time.

(b) Considering the real-time nature of a review, comment or messaging communication feature, the Company cannot evaluate reviews, comments or messages or confirm the validity of information sent or received. The Company does not actively monitor the contents of reviews, comments or messages, is not responsible for any reviews, comments or messages, does not vouch for or warrant the accuracy, completeness or usefulness of any review, message or comment, and is not responsible for the contents of any review, comment or message. The reviews, messages or comments express the views of the author of the review, message or comment, not necessarily the views of the Company. Any user who feels that a review, message or comment is objectionable is encouraged to contact the Company immediately by email. The Company may, in its discretion, remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing a particular review, comment, or message may not occur immediately.

(c) Although the Company does not have an obligation to evaluate the reviews, messages and comments posted on the Services and is not responsible for the content of any of these reviews, messages or comments, the Company reserves the right to record, monitor, or delete any reviews, messages or comments from the Services for any reason whatsoever. You remain solely responsible for your User Data and the content of your review, messages or comments, and you agree to indemnify and hold the Company harmless with respect to any claim based upon your User Data, including your review(s), message(s) and/or comment(s). The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any review, message or comment posted by you.

(d) General communications through the communication feature of the Services are not intended by the Company to constitute an electronic record of an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.

5. Fees. Access to and use of the Services will require payment of fees in accordance with terms set forth elsewhere in the Services. All fees are quotable and payable in United States dollars, payment obligations are non-cancelable, and fees paid are non-refundable. Any payment not received by Company by the due date will accrue interest at the greater of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, from the date such payment was due until the date paid. Unless otherwise stated, the fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for paying all Taxes associated with your use of the Services, excluding Taxes based on Company’s net income or property.

6. Contacts with Other Websites. As you use the Services, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. The Company does not endorse, and takes no responsibility for such products, services, websites, and materials.

7. Exchange of Information. In connection with using the Services, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. The Company does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

8. Disclaimer of Warranties and Limitation of Liability. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.

THE SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE.” THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTIES AND REPRESENTATIONS RELATING TO THE SERVICES, EXPRESS OR IMPLIED, ORAL OR IN WRITING, INCLUDING WITHOUT LIMITATION THE PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FROM A COURSE OF DEALING OR USE IN TRADE. THE COMPANY AND ITS AGENTS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICES. NOR DOES THE COMPANY GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUCCESSORS, AND/OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SERVICES.

IF YOU BECOME DISSATISFIED WITH THE SERVICES, OR THE TERMS GOVERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED AT THIS RATE WITHOUT SUCH LIMITATION.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED OR WHETHER THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE OR WHETHER SUCH LIABILITY, LOSS OR DAMAGE IS FORESEEABLE. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’, CONTRACTORS’, AGENTS’, SUCCESSORS’, AND/OR ASSIGNS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING OR USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS EXCEED $50. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.

YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY IS NOT AN INVESTMENT ADVISOR, A FINANCIAL ADVISOR, OR A LENDER. THE SERVICES ARE PROVIDED SOLELY FOR ADMINISTRATIVE PURPOSES, AND ARE NOT AN OFFER TO ORIGINATE, BUY, OR SELL ANY MORTGAGE. YOUR ACTIONS SHOULD BE SOLELY BASED UPON YOUR OWN DECISIONS AND RESEARCH.

9. Release. You hereby release and forever discharge the Company and its officers, directors, shareholders, employees, contractors, agents, successors, and assigns from all liability related to any and all claims, demands, and damages of every kind and nature known or unknown, that you may assert against another user, lender, or third party arising out of the Services. By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

10. Indemnification. You agree to defend, indemnify and hold the Company and its officers, directors, shareholders, employees, agents, contractors, successors, and assigns (individually or collectively, a “Company Indemnified Party”) harmless against any and all liability, damages, costs, expenses, including reasonable legal fees and expenses, for any third party claim against a Company Indemnified Party (each, a “Claim”) arising out of or related to (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of application laws or regulations, and (d) your User Data, including an allegation that the User Data infringes or otherwise violates a third party’s property, privacy or other rights. The Company reserves the right to assume the exclusive defense and control of any Claim subject to indemnification by you, in which event you will fully cooperate with the Company. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Confidentiality.

(a) Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information or the circumstances of disclosure, including but not limited to the Services and any content made available through the Services. The obligations in this Section 11 shall not apply to any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party and without an obligation of confidentiality; (iii) was independently developed by the Receiving Party without the use of or reference to the Confidential Information of the Disclosing Party; or (iv) is lawfully received from a third party without breach of any obligation owed to the Disclosing Party and without an obligation of confidentiality.

(b) Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement or Privacy Policy, except with the Disclosing Party’s prior written permission. The Receiving Party will use at least the same level of care to prevent unauthorized use of the Confidential Information as it uses for its own confidential and proprietary information of like kind, but in no event less than a reasonable standard of care. Either party may disclose Confidential Information to its personnel who are subject to confidentiality obligations at least as restrictive as the terms set forth herein. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure, to the extent legally permitted, and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. In the event of breach or threatened breach of this section, the parties acknowledge that monetary damages may be inadequate and that the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts.

12. Termination. You may terminate this Agreement, with or without cause and at any time, by discontinuing your use of the Services and payment of all fees due the Company, if any. The Company may terminate this Agreement for any reason at its sole discretion. Upon termination of this Agreement for any reason, the Company shall have no continuing obligation to you.

13. Force Majeure. The Company shall not be responsible for any failure to provide the Services or delay in performing any of its obligations under this Agreement where and to the extent that such failure or delay results from an unforeseeable event beyond the Company’s reasonable control, including but not limited to, acts of war; acts of nature; earthquake; flood; embargo; riot; sabotage; labor shortage or dispute; changes in government codes, ordinances, laws, rules, regulations or restrictions; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of communications or network services; or utility power failure.

14. Feedback. As part of your use of the Services and as reasonably requested by the Company, you may agree to give the Company feedback, comments and suggestions (“Feedback”) for changes or enhancements to the Services, which the Company may accept or reject in it sole discretion. You hereby assigned all right, title, and interest in and to the Feedback to the Company.

15. Governing Law; Venue; Attorneys’ Fees. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona, without regard to the application of conflicts of law principles. If you are accessing the Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the Services you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Services and any dispute regarding the Services or this Agreement. Any disputes between the parties arising out of or related to this Agreement or the Services shall be filed in the state or federal courts located in Maricopa County, Arizona, and the parties specifically consent to the personal jurisdiction thereof for the purposes of resolving such disputes. The prevailing party in any litigation shall be entitled to recover from the other party its reasonable attorneys’ fees (as determined by a court and not a jury) and related costs and expenses incurred as a result of the litigation in addition to such other relief as may be granted.

16. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.

17. General Terms. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. This Agreement and Privacy Policy constitutes and expresses the entire agreement and understanding between you and the Company with respect to the subject matter, all discussions, promises, representations, and understandings relative thereto, if any, being herein merged. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, the terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You shall not assign or transfer, or purport to assign or transfer, any of your rights or obligations under this Agreement without the prior written consent of the Company. Except as set forth in this Section, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective parties hereto. The parties agree that the confidentiality and indemnification provisions, and all such similar terms which, by their substantive intent are intended to survive termination of this Agreement, shall survive the termination of this Agreement.

18. Copyright Infringement. If you believe that your work has been copied and used in the Services in a way that constitutes copyright infringement, please provide the Company’s designated Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

The Company’s Copyright Agent for Notice of claims of copyright infringement can be reached at:

[John Kresevic]
15990 N. Greenway Hayden Loop, Suite D190
Scottsdale, AZ 85260
1.800.391.4306 Toll Free
480-653-8501 Fax
Info@jfqlending.com

 

Only notices under that Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent. The Company cannot take any action with respect to any take down request unless the notice includes all of the information requested.