Terms and Conditions
1. Terms of Conditions. This Terms of Conditions Agreement (the “Terms of Conditions”) applies to the services offered by PONTE INVESTMENTS, LLC(SBALOANPROGRAM.COM), Inc. (the “Company”, “we” or “us”) through any of the Company’s Web sites, including PONTE INVESTMENTS, LLC (SBALOANPROGRAM.COM (the “Company”, “we”, “us”). When using our Services, whether it is just browsing or initiating a transaction, you are subject to the guidelines or rules currently applicable to the Services in the Legal Agreements, which may be amended from time to time. By using the Services and the Websites, you acknowledge that you have read, understand, and agree to be bound by the Terms of Conditions and the Legal Agreements and to comply with all applicable laws and regulations. If you do not agree, you are not authorized to use, and should not use the Websites.
You understand that the Company may amend or modify the Terms of Conditions at any time, and without notice to you. Your continued use of the Website after any amendment or modification constitutes your agreement to the revised Terms of Conditions.
2. Limitation of Use. This Website and all its contents are intended solely for you use alone. You may not reproduce, publish, transmit, distribute, display, modify, create, work from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content design, source code, software, photos, images and other information from this Web site. The content on this Website may be used only as a resource. Any other uses, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. We reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of the Company’s name, logo, mark or any other intellectual property in any manner, except if prior written approval is obtained.
We reserve the right, in our discretion and without notice to you, to limit loan quantities, refuse orders, terminate accounts, and/or cancel orders as set forth in the Borrower Agreement or the Lender Agreement, whichever is applicable to you, if we believe that your conduct violates applicable law or is harmful to our interests.
3. Eligibility. Use of the Website and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person that uses the Services represents and warrants to us that he or she is not a minor and that he or she has the capacity to enter into a binding contract. If the Services are being obtained for a business purpose, every person or entity that uses the Services represents and warrants to us that you are the authorized representative of the business with full authority to enter into a binding agreement on behalf of the business. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time. For business purpose users, you must provide your real name, title, business address, business phone and fax numbers, and e-mail address along with other information that may be required from time to time.>
4. Patent Information. The Company’s algorithm, methods, and technologies embedded in this Web site are already covered by patents or are patent pending.
5. Third-Parties. This Web site may contain hyperlinks, which will take you out of the Company’s Web site and connect you to third party sites. The Company is providing these hyperlinks to you only as a convenience. The inclusion of any hyperlink does not imply endorsement by us of the sites. These sites are not under our control and by accessing them; you do so at your own risk.
6. No Warranties. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER’S USE OF AND RELIANCE THEREON ARE AT CUSTOMER’S OWN AND SOLE RISK. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ON THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
• THAT THE WEB ITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND
• ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS OR MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, FAULT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE COMPANY.
8. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, AS AMENDED FROM TIME TO TIME; (B) YOUR VIOLATION OF ANY STATE, PROVINCIAL, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
9. Monitoring of the Site. We have no duty to monitor the Website; however, you understand and agree that we have the right to monitor the Website electronically when we see fit and to reveal any information you provide as required or appropriate to comply with any law, regulation or other governmental request, to operate the Website, or to shield ourselves or other users of the Website.
10. Severability. If any of the provisions used in these Terms of Conditions shall be considered, void, or for any reason unenforceable, then that provision and conditions shall not affect the validity and enforceability of any remaining provisions.
11. Termination. We, in our sole discretion, unless otherwise prohibited by law, may terminate or modify this Terms of Conditions, access to the Website or the Services, or any current transaction at any time without notice for any reason.
13. Additional Terms. Portions of the Website may impose, or require your agreement to, additional terms and conditions. In the event of a conflict between this Terms of Conditions and those additional terms and conditions, the additional terms and conditions will take precedence over the conflicting sections of this Terms of Conditions.
14. Governing Law. By visiting or using the Website and/or the Services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Conditions.
15. Language. The parties hereby confirm their express wish that the present Terms of Conditions and all documents and agreements directly and indirectly related thereto, including notices, be drawn up in English.
Other – The failure of the Company to exercise or enforce any right or provision of these Terms of Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Conditions is held invalid, the remainder of these Terms of Conditions shall continue in full force and effect. If any provision of these Terms of Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Conditions and shall not affect the validity and enforceability of any remaining provisions.