These Terms of Use (“Terms”) govern the use of the SmartScale Capital, LLC. (“we,” “us”, or “SmartScale Capital”) website (and any other site directing thereto) (“Site”). BY ACCESSING ANY OF THE SITES, YOU AGREE TO ABIDE BY THESE TERMS. ACCESS OR USE OF A SITE FOLLOWING ANY CHANGE TO THE TERMS OF USE CONSTITUTES YOUR AGREEMENT TO THOSE CHANGES. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THE TERMS OF USE THAT ARE IN EFFECT AT SUCH TIME, YOU SHOULD NOT ACCESS OR USE THE SITE.
These Terms govern your current visit to a Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on a Site. As your next visit to a Site may be governed by different terms posted at this page, you should review the terms on this page each time that you visit a Site.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SmartScale is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords. Information Submitted. You are solely responsible for, and assume all liability regarding(i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.
Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided. No Guarantees. SmartScale may not be able to provide matches for every Registered User seeking to use its services. Further, SmartScale makes no guarantees as to the number of matches or the ability to obtain business funding.
No False Information. You agree to provide accurate, true, current and complete information.
Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
Ownership of Proprietary Information. You hereby acknowledge and agree that SmartScale is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to SmartScale and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
You hereby agree that we may deliver all notices, disclosures, documents, reviews, analyses, or other materials, and any and all other documents, information, and communication concerning you or SmartScale, including, without limitation, information, required or permitted to be provided to you under this User Agreement or any other agreement between you and SmartScale by means of email or by posting on the Website or by other means of electronic communication. Because SmartScale operates principally on the internet, you will also need to consent to transact business with us online and electronically. By accessing this Website, you consent to transact business electronically and to receive electronically all disclosures, documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations, or services under this User Agreement or any other agreement between you and SmartScale.
You agree to indemnify and hold harmless SmartScale and its affiliates, and each of their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement, your use of the Website or the Resources, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
THE WEBSITE AND RESOURCES MAY CONTAIN TECHNICAL ERRORS TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. SMARTSCALE DOES NOT UNDERTAKE THE RESPONSIBILITY TO UPDATE OR AMEND THE WEBSITE OR THE RESOURCES OR TO PROVIDE SUPPORT FOR YOUR USE OF THE WEBSITE OR THE RESOURCES. UNLESS OTHERWISE EXPRESSED, THE WEBSITE AND THE RESOURCES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND SMARTSCALE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE WEBSITE OR THE RESOURCES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Furthermore, you understand and agree that:
a. any content downloaded or otherwise obtained through the use of the Website or the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
b. no information or advice, whether expressed, implied, oral or written, obtained by you from SmartScale or its affiliates (and each of their agents or representatives) or through the Website or the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
UNDER NO CIRCUMSTANCES WILL SMARTSCALE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE WEBSITE, THE RESOURCES, OR ANY THIRD-PARTY WEBSITE TO WHICH THIS WEBSITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SMARTSCALE, ITS AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER SMARTSCALE NOR ITS AFFILIATES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE WEBSITE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT SMARTSCALE AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE.
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