Terms Of Use
What You Agree To When Using This Site
Welcome to www.lenderflex.com(the "Site"). These
terms of use ("Site Terms") impose conditions on your access to this Site, and
any use you make of it, so please read them carefully. They do not alter in any
way the terms or conditions of any other agreement you may have with thoughtbox,
Inc. d/b/a LenderFlex ("LenderFlex") or its subsidiaries or affiliates for other
products or services.
LenderFlex reserves the right to change or modify any of the terms and
conditions contained in the Site Terms or any policy or guideline of the Site,
at any time and in its sole discretion. Any changes or modification will be
effective upon posting of the revisions and notice of such changes to the Site.
Your continued use of this Site following the posting of its changes or
modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review the Site Terms and applicable policies
from time-to-time to understand the terms and conditions that apply to your use
of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED
BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE
TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR
OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to
the webmaster.
Copyright
All content on this site is copyright © 2005-2008 thoughtbox, Inc. d/b/a
LenderFlex unless otherwise noted.
Trademarks and Service Marks
LenderFlex and associated marks are either trademarks or registered
trademarks of of thoughtbox, Inc. d/b/a Lenderflex.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies, organizations,
products, people and events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is intended or should
be inferred.
Any rights not expressly granted herein are reserved.
Export Restrictions
Any software and all underlying information and technology downloaded from
this Site (collectively the "Software") by you may be subject to U.S. export
controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et
seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts
730-774), and may be subject to export or import regulations in other countries.
You are responsible for complying with all trade regulations and laws both
foreign and domestic. Except as authorized by law, you agree and warrant not to
export or re-export the Software to any country, or to any person, entity, or
end-user subject to U.S. export controls, including without limitation persons
or entities listed on the U.S. Department of Commerce Bureau of Export
Administration's Denied Parties List and the U.S. Department of Treasury's
Specially Designated Nationals. You further represent and warrant that no U.S.
federal agency has suspended, revoked, or denied your export privileges.
Disclaimers
THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU
EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR
SOLE RISK.
WARRANTY DISCLAIMER. thoughtbox, Inc. d/b/a LenderFlex DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND
PRODUCTS ON THE SITE. thoughtbox, Inc. d/b/a LenderFlex DOES NOT REPRESENT OR
WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
OR ERROR-FREE. thoughtbox, Inc. d/b/a LenderFlex IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.
WHILE thoughtbox, Inc. d/b/a LenderFlex ATTEMPTS TO ASSURE YOUR ACCESS AND USE
OF THE SITE IS SAFE, thoughtbox, Inc. d/b/a LenderFlex CANNOT AND DOES NOT
REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
thoughtbox, Inc. d/b/a LenderFlex reserves the right to change any and all
content contained on this Site at any time without notice. Reference to any
products, services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by thoughtbox, Inc. d/b/a LenderFlex.
Limitation of Liability
IN NO EVENT SHALL thoughtbox, Inc. d/b/a LenderFlex BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS
SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF thoughtbox, Inc. d/b/a
LenderFlex(WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER
ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY) ARISING OUT OF OR RELATING TO THE USE OF thoughtbox, Inc. d/b/a
LenderFlex' SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID thoughtbox, Inc.
d/b/a LenderFlex, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion
or limitation of certain damages. If these laws apply, some or all of the above
disclaimers, exclusions, or limitations, may not apply to you, and you may have
additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of Georgia, applicable to agreements made and
entirely to be performed within the State of Georgia, without resort to its
conflict of law provisions. You agree that any action at law or in equity
arising out of or relating to these terms and conditions shall be filed only in
state or federal court located in Fulton County, Georgia, and you hereby
irrevocably and unconditionally consent and submit to the exclusive jurisdiction
of such courts over any suit, action or proceeding arising out of these terms
and conditions. These terms do not supercede the terms of any arbitration
agreement privately entered into with thoughtbox, Inc. d/b/a LenderFlex.
Termination
Notwithstanding any of these terms and conditions, thoughtbox, Inc. d/b/a
LenderFlex reserves the right, without notice and in its sole discretion, to
terminate your license to use the site, and to block or prevent future access to
and use of the site.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and enforceability
of any remaining provisions.