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Terms of Use
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Our
Content Rights.
Unless otherwise noted, all copyrights of Risk Based Lender, LLC are
owned, controlled, or licensed by us and are protected by U.S. and
international copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all Contents on this Site is our exclusive
property and is also protected by U.S. and international copyright laws.
We expressly reserve all intellectual property rights in all Risk Based
Lender, LLC: text; programs; products; processes; technology;
content; and other materials which appear on this Site. Access to this
Site does not confer, and shall not be considered as conferring, upon
anyone any license under any of our intellectual property rights.
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Privacy:
We take every reasonable precaution to protect our user's personal
information. Any personal information that is submitted to or through
this website will be protected both online and off-line. No information
you provide will be disclosed to any other individual or company.
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No
Warranties.
This Site is provided to you on an “as
is” basis without any warranties of any kind, whether
express or implied. To the extent permissible under applicable law, we
hereby disclaim all warranties, express or implied, including but not
limited to, warranties of merchantability, fitness for a particular
purpose, title and non-infringement. We do not warrant that the
materials on our Site will be error-free, that defects will be corrected
or that our Site or its servers are free of viruses or other harmful
components. We do not warrant or make any representations regarding the
use of the materials on our Site with respect to their accuracy or
reliability. In addition, we make no representations, warranties, or
guarantees that our Site will be secure, accessible continuously and
without interruption.
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Links to Other Sites.
We may provide links from our Site as a convenience to our visitors. We
have no control over the content posted at those linked sites, all of
which have separate terms of use and privacy policies. We make no
representations about the accuracy or contents of any material available
thereon. Links to the third party sites are not intended to, and do not
imply affiliation with or sponsorship or endorsement of, these third
parties.
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Limitations on Use.
Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing data
not intended for such user or logging onto a server or an account which
the user is not authorized to access; (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
“flooding”, “spamming”, “mailbombing” or “crashing”; or (d) sending
unsolicited email, including promotions and/or advertising of products
or services. Violations of system or network security may result in
civil or criminal liability. We will investigate occurrences that may
involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of this Site
or any activity being conducted on this Site. You agree, further, not to
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 this Site other
than the search engine and search agents available on this Site and
other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
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Third Party Sites.
We have not reviewed all the third party sites linked to or framing this
website and are not responsible for the contents of any pages contained
on such third party sites. By entering this Site you agree that we are
not responsible for the content of any pages of such third party sites.
We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you may have or might be requested to give to any
third party, and you hereby irrevocably waive any claim against us with
respect to such third party sites and their content. Your linking to any
other pages connected to other sites is at your own risk.
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Limitation on Liability.
We do not accept any liability for any conduct, acts or omissions
occurring at this Site. Under no circumstances will we be liable to you
for any consequential, incidental or special damages, including any lost
profits, even if you claim to have notified us about such damages, or
for any claims by any third parties.
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Indemnity/Jurisdiction.
You agree to indemnify, defend, and hold us harmless, at your own
expense, from and against any liability, fees (including attorney's
fees) and/or costs arising out of or relating to any breach or violation
of the Terms of Use by you. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to the Terms of Use or the ownership, operation or maintenance
of this Site shall be resolved exclusively in the appropriate state or
federal court in Albany County, New York, where subject matter
jurisdiction is proper. All such disputes shall be governed by and
construed in accordance with the laws of the State of New York.
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Amendments.
You agree that we may modify or add to these Terms of Use at our sole
discretion, without notice to you, and that your right to access this
Site is conditioned upon your compliance with the most current version
of these Terms of Use.
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Entire Agreement.
These Terms of Use, the Privacy & Security Policy, and any other terms
and conditions posted by us on this Site constitute the entire agreement
between you and us (“Agreement”)
relating to your access to and use of this Site and supersede any prior
or contemporaneous representations or agreements. The Agreement shall
govern our respective legal rights and obligations. Any rights not
otherwise expressly granted by the Agreement are reserved by us.
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Termination.
We may terminate your use of the Site or any services made available at
the Site at any time, with or without cause. The agreement formed by
these Terms of Use may be terminated by either party without notice or
cause at any time. You agree not to access or use this Site for any
reason after this agreement is terminated or if you do not agree to
these Terms of Use.
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Invalidity.
If
any provision of these Terms of Use is deemed invalid or for some reason
unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not in any way affect the validity or
enforceability of the remainder of these Terms of Use not deemed invalid
or unenforceable.
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