Website
Use Policy
This
site (the "Site") is for informational
purpose only and may contain links to third-party
sites for convenience only.
The
material and links provided at the Site, including
any content or information contained within the
Site, are provided "AS-IS" without any
warranties of any kind including warranties of
merchantability, fitness for a particular purpose,
or non-infringement of intellectual property. The
User of this Site assumes total responsibility and
risk for the use of this Site and third-party sites.
The Site
provides links to third-party sites, including,
business search engine, business directory, business
news, online incorporation, and other third-party
links, and other World Wide Web sites or resources
(Third-Party Sites"). If you use any
Third-Party Site, you will leave this Site. If you
decide to visit any linked site, you do so at your
own risk and it is your responsibility to take all
protective measures to guard against viruses or
other destructive elements. Because we have no
control over such sites and resources, you, the User
of this Site acknowledge and agree that we are not
responsible for the availability of such external
sites or resources, and does not endorse and not
responsible or liable for any Content, advertising,
products, services, or other materials and/or
content on or available from such sites or
resources. The User further acknowledge and agree
that we 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 such Content, goods or services
available on or through any such site or resource.
Further, we do not intend these links, third party
sites or resource to be referrals or endorsements of
the linked entities by us. Each individual
Third-Party Site and Links has its own set of
policies about what information is appropriate for
public access. User assumes sole responsibility for
use of Third-Party Sites, Links, resource and
pointers.
The
User's correspondence or business dealings with, or
participation in promotions of, advertisers,
Third-Party Sites, Links, found on or through the
Site, including payment and delivery of related
goods or services, and any other terms, conditions,
warranties or representations associated with such
dealings, are solely between the User and such
advertiser, Link, or Third-Party Sites. The User
agree that we shall not be responsible or liable for
any loss or damage of any sort incurred as the
result of any such dealings or as the result of the
presence of such Third-Party Sites, and/or Links on
the Site.
All
Users are advised to check Third-Party Sites and
their website(s), their rules, regulations, policies
and procedures, advertiser links, other Users, their
listings, individuals and representatives,
representations, ads, messages, products and/or
services, and carefully check companies, merchants,
Third-Party Sites, other Users, advertisers, and
details before entering into any agreement of any
kind with, and/or making payments to, any company,
Third-Party Site, other User, advertiser, any other
third party site, and/or others, and before
disclosing personal information. If in doubt, please
consult with an attorney or do not use the service.
Further
Disclaimer. User acknowledges that no
affiliation, joint venture, partnership, employment
or agency relationship, association or any other
relationship whatsoever exists between the User of
this Site and southeastfactoring.com as a result of
this Agreement or use of this Site. User agrees not
to hold himself or herself out as a representative,
agent, or employee of southeastfactoring.com and
southeastfactoring.com shall not be liable for any
representation, act or omission of the User.
Legal Disclaimer -
Governing Law and Remedy. The products and
services offered at the Site are available only to
Users who can form a legally binding contract under
applicable law, and are void where prohibited or
restricted by law. This Site may be used only for
lawful purposes. southeastfactoring.com controls and
operate this Site from its offices within the State
of New York, United States of America. southeastfactoring.com
does not claim
that products, services and materials in this Site
are available for use in locations other than states
in which said products, services and materials are
authorized. A User choosing to access this Site from
other locations, do so on own initiative, and is
responsible for compliance with any and all
applicable laws. This Policy and these terms and
conditions shall be governed by and construed in
accordance with the substantive law of the state of
New York, United States of America, without regard
to conflicts of laws provisions.
ARBITRATION AS
EXCLUSIVE REMEDY: ANY CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE, USE OF
THE SITE, THIS POLICY OR THESE TERMS AND CONDITIONS,
OR THE INTERPRETATION, VALIDITY, ENFORCEMENT, BREACH
OR TERMINATION THEREOF, SHALL BE RESOLVED BY
ARBITRATION IN NEW YORK IN ACCORDANCE WITH THE RULES
OF THE AMERICAN ARBITRATION ASSOCIATION.
Notwithstanding any provision of law to the
contrary, it is expressly agreed that the arbitrator
shall have no power to award treble, punitive,
consequential or any other damages in excess of
compensatory damages and each party hereby
irrevocably waives any right to assert or to recover
any such damages. The arbitrator's award shall be
final and binding between the parties, their
successors and assigns and, notwithstanding any
other choice of law provision in this Policy or
these Terms and Conditions, all issues regarding the
arbitration process, specifically including the
enforceability of the arbitrator's award, shall be
governed by the United States Arbitration Act.
Judgment upon the award rendered by the arbitrator
may be entered solely in the state and federal
courts located in New York, New York and the parties
hereby irrevocably consent to the jurisdiction of
these courts for that purpose. ACCEPTANCE OF THESE
TERMS AND CONDITIONS CONSTITUTES SPECIFIC ACCEPTANCE
IN WRITING OF ARBITRATION AS SET FORTH IN THIS
PARAGRAPH AS THE EXCLUSIVE REMEDY FOR RESOLUTION OF
DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THIS
PARAGRAPH.
THE USER
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE
SITE AND SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
d. WE
MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
INFORMATION, OR OTHER MATERIAL OBTAINED BY ANY USER
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS POLICY.
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR
EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DIVISIONS,
AFFILIATES, AND/OR SUBSIDIARIES, SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES;
OR (v) ANY OTHER MATTER RELATING TO THE SITE OR
SERVICES.
The Services offered at the Site are available only
to Users who can form a legally binding contract
under applicable law. This Site may be used only for
lawful purposes. The applicable laws are the laws of
the State of Florida and all parties participating
in the use of this Site, Services, content and
material hereby submit to the jurisdiction of the
Courts of the State of Florida.
If any
part of this Policy is determined to be invalid or
unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and
liability limitation set forth within this Policy,
then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original
provision and the remainder of the Policy shall
continue in effect.
Other
Conditions and Restrictions Apply - All Rights
Reserved
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