1 Loan-place limited ("Loan-place"
or "we" or "us") provides the services available
at this site (the "Site") to you, subject to the following
terms and conditions, which may be updated by us from time to time without
notice to you. You can review the most current version of the terms
and conditions at any time at www.Loan-place.com. In addition, when
using a particular service in this Site, guidelines or rules may be
posted which are applicable to such service. You and Loan-place shall
be subject to any such guidelines or rules that may be posted from time
to time on the Site, and all such guidelines or rules are hereby incorporated
by reference into this agreement. By using this Site, you are agreeing
to be bound by all of the terms and conditions of the most current version
of the user agreement and any guidelines and rules posted on this Site.
If you do not agree to be bound by this agreement, do not use this Site.
If the user is not an individual, then "you" shall mean your
company, its officers, members, agents, successors and assigns.
2 Overview This Site was created for
the purpose of providing US Lenders with information about procuring
various services including obtaining quotes from the companies appearing
on the Site. Loan-place serves to assist transactions between buyers
and vendors of services by providing, on the Site, information about
services available, and a system where buyers can send requests for
quotes ("RFQs") for such services to vendors. Loan-place is
not involved in the actual transaction between the buyers and vendors.
As a result, Loan-place has no control over the quality, fitness for
purpose or legality of the services advertised, the truthfulness, completeness
or accuracy of the listings, the ability of the vendors to sell the
services or the terms and conditions of any transaction between a buyer
and vendor. We cannot ensure that a buyer and vendor will complete a
transaction. Because Loan-place does not review the substance of the
information exchanged between participants on the Site, you must be
careful in dealing with other participants on the Site to avoid fraud
and to recognise the possibility that other participants' information
may be harmful, inaccurate or deceptive.
3 Eligibility This Site is intended
for use by persons and entities who can form legally binding contracts
under US law. You represent and warrant that you will not make offers
for services for sale or request quotations through the Site unless
you have the legal capacity, bona fide intention and ability to deliver
or accept and pay for such services on the terms stated.
4 Vendors and Buyers All Vendors of
services are herein referred to as "Vendors". All buyers of
services are herein referred to as "Buyers." You are responsible
for verifying the identity of Buyers or Vendors and for your decision
to enter into a transaction with a Buyer or Vendor. We will have no
obligation for and we undertake no obligation to verify the credit rating
of, or other information with respect to, any Buyer or Vendor and we
make no representation or warranty to you with respect to any Buyer
or Vendor or their services.
5 Request for Quotation The Site allows
Buyers to prepare RFQs to be notified to Vendors, who may respond to
such RFQs with a price quotation. For the avoidance of doubt, the provision
of a price quotation on the Site shall not be binding on a Vendor and
is not an offer to enter into a contract. In the event that a Buyer
desires to purchase the services for the price quoted by a Vendor, Loan-place
shall supply the contact details of the Buyer to the Vendor and the
remainder of the sale process shall be completed in accordance with
the arrangements made between the Buyer and the Vendor, and shall not
be the responsibility of Loan-place. The Site acts as a venue for Vendors
to supply quotes for services, and Buyers to pursue quotes provided
for such services. Loan-place is not a party to the actual transaction
between the Vendors and Buyers and as a result, Loan-place has no control
or responsibility for the ability of Vendors to sell, or Buyers to buy,
services listed on the Site.
6 Delivery of and Payment for Services
Buyers are responsible for paying amounts due and for accepting delivery
of all services sold through the Site, and Vendors are responsible for
invoicing and collecting amounts due (including all applicable taxes
incurred in respect of services sold or purchased on the Site) and for
delivering all services sold through the Site. Loan-place shall not
be responsible for any breach by a Vendor or Buyer of the terms of any
transaction or associated transaction-related activities. You agree
to proceed solely against the applicable counterparty to collect or
recover any amounts owing to you or to enforce any of your rights in
connection with or as a result of transactions entered on the Site,
and you hereby irrevocably and unconditionally release Loan-place from
any and all such actions.
7 Payment of Fees to Loan-place Buyers
do not pay any fees for using the Site. On submission of an RFQ, fees
will be payable by the Vendor to Loan-place in accordance with the terms
of the Pricing Policy posted on the Site.
8 Compliance with Laws You shall comply
with all applicable laws and regulations of the UnitedStates and other
foreign authorities relating to the purchase of services on the Site
or otherwise relating to your use of this Site.
9 Conduct You agree (i) not to use
this Site to upload or distribute in any way files that contain viruses,
bugs, corrupted files, or any other similar software or programs that
may damage the operation of computer hardware or software; (ii) not
to interfere or disrupt this Site or any networks connected to this
Site; (iii) not to use any device, software or routine or attempt to
interfere with the proper functioning of this Site or any transactions
being offered at this Site; (iv) not to take any action that imposes
an unreasonable or disproportionately large load on Loan-place's infrastructure;
(v) not to use this Site to collect or harvest personal information,
including, without limitation, financial information, about other participants
at this Site; (vi) not to impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation with a person or entity;
and (vii) not to post any misleading, fraudulent, defamatory, obscene
or otherwise illegal information on this Site. You agree not to use
the services available at this Site for illegal purposes, and to comply
with all regulations, policies and procedures of networks connected
to this Site.
10 Intellectual Property All information
and material including data, images, text and audio on the Site is the
property of Loan-place and/or its licensors and is subject to copyright.
All trade marks on the Site are the property of Loan-place and/or its
licensors. You are entitled to view, copy and print any documents from
the Site but only for your own internal business purposes. Any sale,
transmission or redistribution of the Site or its content, and any copying,
modification or other use of the site or its contents for any purposes
other than your own internal business purposes, are strictly prohibited.
11 Software All software used on the
Site is the property of Loan-place or its software suppliers. Loan-place
hereby grants you a non-exclusive, royalty-free, non-transferrable,
revocable licence to use software it owns solely for the purposes of
this agreement. Other than to the extent permitted by law, you may not
decompile, reverse engineer or otherwise translate such software.
12 Links This Site may provide links
to other Internet sites. Loan-place is not responsible for the availability
of such other Sites and does not endorse and is not responsible or liable
for any content, products or other materials available on such other
sites. You further acknowledge and agree that Loan-place shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any information, goods or services available on or through any such
site. If you decide to access any of the third party sites linked to
this Site, you do this entirely at your own risk.
13 No Warranties This Site, all services
obtained through this Site and all information contained on this Site
is provided on an "as is" basis from Loan-place. Loan-place
make no representations or warranties of any kind, express or implied,
relating to this agreement, the performance under this agreement, the
availability of this Site, the services available on this Site, the
operation of the software available on this Site, the quotes delivered
from Vendors to Buyers on the Site, the transactions performed on this
Site or as a result of quotes or other information obtained from this
Site, or the information and/or content on this Site. To the extent
permissible by applicable law, Loan-place disclaims all warranties,
express or implied, including but not limited to implied warranties
of merchantability, fitness for a particular purpose and/or non-infringement.
In some circumstances, your situation will be better suited for a free,
no obligation debt counseling, and in those instances your information
may be shared with a debt consolidation specialist.
Without limiting the foregoing, Loan-place
does not make any warranty that (i) the services offered on this Site
will meet your requirements, (ii) the services offered on this Site
will be uninterrupted, timely, secure or error-free, (iii) the results
that may be obtained from the use of the services will be accurate or
reliable, (iv) the content or information available on this Site is
complete, accurate or available, or (v) the quality of any products,
services, information, or other material purchased or obtained by you
through the services will meet your expectations. No advice or information,
whether oral or written, obtained by you from Loan-place or through
this Site shall create any warranty not expressly made herein.
14 Limited Liability Loan-place and
its affiliates shall not be liable for any loss of business, loss of
use or of data, interruption of business, lost profits or goodwill,
or indirect, special, incidental, exemplary or consequential damages
of any kind arising out of this agreement, even if they have been advised
of the possibility of such loss and whether or not they had any knowledge,
actual or constructive, that such damages might be incurred. This exclusion
includes, without limitation, any liability that may arise out of third-party
claims against you. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of the services provided on this Site or this agreement must
be filed within one (1) year after such claim or cause of action arose
or be forever barred. Nothing in this agreement excludes a party's liability
for death or personal injury caused by negligence.
15 Indemnity You shall indemnify,
defend, and hold harmless Loan-place and its affiliates, employees,
agents, successors, officers, and assigns, from any suits, losses, claims,
demands, liabilities, costs and expenses (including legal and accounting
fees) that they may sustain or incur arising from (i) your use of the
software available at this Site, (ii) your failure to comply with any
applicable laws and regulations or to obtain any licences or approvals
from the appropriate government agencies necessary to purchase or sell
the subject services, (iii) your use of the content available on this
Site in any way contrary to this agreement (iv) your breach of any of
your representations, warranties or obligations set forth in this agreement,
(v) the sale or purchase, or purported sale or purchase, of services
by you, or any loss suffered by or harm to any person or property in
any way relating to or caused in whole or in part by the services sold
or purchased by you (including to the extent permissible by law, without
limitation, any personal injuries or death of any third person caused
in whole or in part by such services), (vi) any taxes attributable to
the services or due on the purchase or sale of the services, (vii) any
dispute between you and a Vendor or Buyer arising out of a transaction
initiated on the Site, (viii) alleged errors or omissions or misrepresentations
in the information provided by you to Loan-place hereunder or in the
listings of services on the Site. You agree not to settle any action,
claim or demand on our behalf without our prior written consent. Loan-place
shall have the right to conduct any litigation, with counsel of its
choice, at your expense.
16 Monitoring You acknowledge that
Loan-place or its designees reserves the right to, and may from time
to time, monitor any and all activity or information transmitted or
received through this Site. Loan-place, in its sole discretion and without
further notice to you, may (but is not obligated to) review, censor
or prohibit any activity or the transmission or receipt of any information
which Loan-place in its sole discretion deems inappropriate or that
violates any term or condition of this agreement. During monitoring,
information may be examined, recorded, copied, and used for authorised
purposes. Use of this Site, authorised or unauthorised, constitutes
consent to such monitoring.
17 Provision of Data In order to participate
in the services offered at this Site, you must provide certain current,
complete, and accurate information about you as prompted to do so by
the registration form and maintain and update such registration information
as required to keep such information current, complete and accurate.
You warrant that such data is accurate and current, and that you are
authorised to provide such data. If any registration data that you provide
is untrue, inaccurate, not current or incomplete, Loan-place retains
the right, in its sole discretion, to suspend or terminate your account
and rights to use the services. Registration data and certain other
information about you is subject to our Privacy Policy.
Solely to enable Loan-place to use
information you supply us with, you grant to Loan-place a non-exclusive
licence to (i) convert such information into digital format such that
it can be read, utilised and displayed by Loan-place's computers or
any other technology currently in existence or hereafter developed capable
of utilising digital information, (ii) use, reproduce, modify, display,
market, publish, distribute, and transmit the information in connection
with operating, demonstrating, or marketing the Site or Loan-place's
services, and (iii) combine the information with other content provided
by Loan-place, in each case by any method or means or in any medium
whether now known or hereafter devised. The foregoing licences shall
include the right to grant sublicences to the users of the Site to print
all or any portion of the information for internal business purposes.
Loan-place retains all ownership rights in and to any modifications,
enhancements or other contributions made by or on behalf of Loan-place
to any information provided by you. Upon request by you, Loan-place
shall have up to seven (7) days to remove any of your information or
proprietary names from the Site. Loan-place will only use the information
in accordance with our Privacy Policy and as contemplated by this agreement.
Except as otherwise stated herein
or under our Privacy Policy, any material, information or other communication
you transmit or post to this Site ("Communications") will
be considered non-confidential and non-proprietary. Loan-place will
have no obligations with respect to the Communications. Loan-place and
its designees will be free to copy, store, process, modify, display,
market, disclose, distribute, incorporate, transmit and otherwise use
the Communications and all data, images, sounds, text, and other things
embodied therein for any and all commercial or non-commercial purposes.
18 Termination You agree that Loan-place
may, in its sole discretion, deny you access to the Site and disable
any user name and password associated with you for any reason, including,
without limitation, if Loan-place believes in its sole discretion that
you have violated or acted inconsistently with the letter or spirit
of this agreement. Loan-place reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the
services offered under this Site (or any part thereof) with or without
notice. You agree that Loan-place shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the
services offered under this Site. Notwithstanding termination of this
agreement, paragraphs 7 (Payment of Fees), 13 (No Warranties), 14 (Limited
Liability), 15 (Indemnity), 18 (Termination) and 19 (General) shall
survive its termination and shall continue in full force and effect.
19 General This Site is created and
controlled by Loan-place in the United States and the laws of The United
States govern this agreement and you and Loan-place agree to submit
to the exclusive jurisdiction of the courts of the United States.
Any waiver of any right or provision
of this agreement will be effective only if signed by Loan-place and
the failure of Loan-place to exercise or enforce any term or condition
shall not constitute a waiver of such right or provision.
If any provision of this agreement
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of this agreement shall remain in full force and effect.
Loan-place reserves the right to make
changes to this Site and this agreement at any time.
Loan-place reserves the right to refuse
to list or to discontinue the listing of any services as it may choose
in its sole discretion and without notice. Without limiting the generality
of its right to exclude or discontinue the listing of services, Loan-place
may, in its sole discretion, exclude services from the Site if they
are believed not to meet applicable industry standards or if Loan-place
receives complaints from users of the Site regarding listed services.
The rights and limitations in this
agreement are for the benefit of Loan-place and a person who is not
a party to this agreement has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement.
You are not permitted to assign any
of your rights under this agreement without the prior written consent
of Loan-place.
You may not issue press release or
make any public statement regarding your use or participation in the
Site without the prior written permission of Loan-place.
You and Loan-place are independent
contractors, and no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between you and Loan-place is
intended or created by this agreement.
