Effective Date:  May 27, 2022

This Terms of Use (the “Agreement” or “Terms of Use”) form a legally binding agreement between SellersFunding Corp., on behalf of its affiliates, subsidiaries, divisions and brands, including but not limited to, Beyond Collective (individually and together, “SellersFunding”, “We”, “we”, “Our”, “our”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “you” or “your”).  This Terms of Use applies to your interactions with SellersFunding and sets forth the general terms and conditions governing your ability to access information, data, and other content (“Content”), as well as event registration, collaboration features, and other interactive functionality and services (“Services”) through Beyond Collective’s online platform (the “Platform”), Content, and Services it may offer. You may access the Platform through the website located at http://www.beyondcollective.co/, and any other websites operated by SellersFunding or its affiliates, subsidiaries, divisions, and brands (each, a “Site”) or using mobile applications provided by and on behalf of SellersFunding, or its affiliates, subsidiaries, divisions, and brands (each, an “Application,” and each Site and Application treated as a part of the “Platform” for purposes of this Terms of Use).  This Terms of Use applies to your use of and access to the Platform and the Content and Services available through the Platform. 

This Terms of Use may supplement other written or online terms and conditions or agreements you may have or will have with SellersFunding (with respect to rights granted to SellersFunding under this Agreement or any other website Terms of Use (or privacy policies) with any of our affiliates, service providers or their affiliates, but do not alter in any way this Terms of Use.  To the extent that there is any conflict between these Terms of Use and any terms and conditions or agreements relating to the Services provided directly by SellersFunding or its affiliates (and not third parties), those other terms and conditions or agreements will govern.

Please read this Terms of Use carefully.  By accessing, using or signing-up for our Site or subscribing to any of our Services or Content, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by this Agreement, including our Privacy Policy  and other policies available on our Site relating to any of our services, which are incorporated by reference into this Agreement. This is a binding agreement between you and SellersFunding.  If you do not agree to these Terms of Use, you may not use our services or website and should discontinue use of our services and our Site immediately. 

1. Introduction

Welcome to the Site.  If you have any questions or concerns with respect to this Agreement or our Site you may contact a representative of SellersFunding by e-mail at compliance@sellersfunding.com.

2. Mandatory Arbitration Notice

IMPORTANT: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.  SECTION 23

(CUSTOMER DISPUTES AND MANDATORY ARBITRATION) REQUIRES FIRST, A CUSTOMER DISPUTE RESOLUTION PROCESS AND SECOND, MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS BEFORE A NEUTRAL ARBITRATOR TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS IN A PROCESS ADMINISTERED BY A JUDGE.   SECTION 17 (LIMITATIONS OF LIABILITY) AND SECTION

18 (EXCLUSIONS AND LIMITATIONS) LIMIT OUR LIABILITY. PLEASE READ THE ARBITRATION AGREEMENT IN SECTION 23 (CUSTOMER DISPUTES AND MANDATORY ARBITRATION) CAREFULLY.  

3. Eligibility

This Site is operated by SellersFunding from its offices in the United States. Use of our Site and our Services is void where prohibited.

If you are under 18 years of age or you reside in a location in which SellersFunding’s Content and Services are not available, please do not use this site. 

Your profile may be deleted and access may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age or reside in a location in which SellersFunding’s Content and Services are not available, respectively.

Notwithstanding anything to the contrary, while maintaining the requirement that all users be at least 18 to use our Site, if you are legally an adult (or the “age of majority”) in your state of residence or you have given us your consent to allow any of your minor dependents to use this Site and will be fully responsible for any breaches of this Agreement by any minors that you have authorized to use our Site, whether or not such authorization was otherwise permitted by this Agreement.  

We reserve the right to refuse to register any person or business or approve the creation of an account on our Site at any time.

4. Access

You are permitted to access certain Content and Services without establishing a user account on the Platform, provided that you have agreed to this Terms of Use.  However, access to and use of certain Content and Services may require that you establish a user account (an “Account“) on the Platform.  Approval of your request to establish an Account will be at the sole discretion of SellersFunding.  If you are an organization, you may authorize designated employees within your organization to use and access the Platform, Content, and Services on your behalf through your Account (you and each such individual, as applicable, a “User” of your Account).  If you are an individual, then you may use and access the Platform, Content, and Services through your Account as the sole User of the Account.  Each user identification and password for your Account (each, “Account ID”) is personal in nature and may be used only by you or, as applicable, the User to whom the Account ID is issued.  

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may take any lawful action we deem necessary to protect our legal interests.  

SellersFunding may also impose limits, suspend, terminate on all or any of our Site, our Services or restrict your access to parts or all of our Services without notice or liability.  

SellersFunding may include commercial opportunities or content in any SellersFunding product, services, image or webpage.

You are responsible for:

• Making all arrangements necessary for you to have access to our Site.
• Ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and comply with them.

To access our Site or some of the resources it offers, you may be asked to provide certain registration details or other information, including if you opt-in to subscribe to our newsletter by providing your e-mail address. 

If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name.  Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are solely responsible and liable for maintaining the confidentiality of the password and account, and you are fully and solely responsible and liable for all activities that occur under your password or account identification. 

You must not allow anyone other than your authorized employees or agents (each, an “Authorized User”) acting on your behalf to access and use your Account.   With respect to Authorized Users, you agree that: (a) if separate login details are provided for different Authorized Users, then the login details for each Authorized User may only be used by that Authorized User, and (b) multiple people may not share the same login details. 

You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.  Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of our Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.  

Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (A) any action or inaction under this provision, (B) any compromise of the confidentiality of your account or password and (C) any unauthorized access to your account or use of your password.  You may not use anyone else’s account at any time, without the express permission and authorization of the account holder.

The security of your personally identifying information is important to us.  However, you understand and agree that such steps do not guarantee that use of our Site is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.

You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on our Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information in accordance with our Privacy Policy.

The Platform may allow you to link, connect, or otherwise communicate with other users through the Platform.  By linking, connecting, or communicating with other users, you are agreeing to allow those users to communicate directly with you through the Platform.  You agree that you are solely responsible for all communications between you and any other user through the Platform.  Your extension or acceptance of a link, connection, or other communication with another user will serve as your affirmative “opt in” to the disclosure of any of Your Content or other data or information (which may include your personal information) that you provide to that other user.  

You may be permitted to attend certain events hosted by SellersFunding on behalf of a third party, which may be a client of SellersFunding (“SellersFunding Events”).  In order to host such SellersFunding Events, SellersFunding may receive certain personal information about you from its clients and other third parties.  SellersFunding may use such information combined with the Registration Information from your Account for any business purpose related to SellersFunding Events.  Your submission of such information to SellersFunding will serve as your affirmative “opt in” to the disclosure of such information to SellersFunding’s clients, vendors, service providers, and exhibitors related to such SellersFunding Events. 

The Platform may provide you with access to certain Services developed, provided, or maintained by other third-party service providers (“Third Party Services”).  In addition to the terms of this Terms of Use, your access to and use of any Third Party Services is also subject to any other agreement you may agree to before being given access to the Third Party Services (each, a “Third Party Service Agreement”).  The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Terms of Use, but will not apply to any other Services you may access through the Platform.  Except as set forth in this Terms of Use, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Terms of Use and that Third Party Service Agreement. 

The Platform may provide certain social media features that enable you to link certain Content available on the Platform to third-party social media sites or cause limited portions of Content available on the Platform to appear on third-party social media sites. You may use these social media features only as they are provided by SellersFunding, solely with respect to the Content as it is displayed on the Platform, and otherwise in accordance with any additional terms and conditions provided by SellersFunding with respect to such social media feature.  SellersFunding may disable all or any social media features and any links at any time without notice in SellersFunding’s sole discretion.  

The Application may be obtained through a third-party distribution platform (e.g., the Apple App Store) (the “App Store”) and is to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system.  This Terms of Use incorporates by reference the terms of the Addendum to this Terms of Use and any other terms available at the respective App Store from which you have obtained the Application.  You agree that this Terms of Use is between you and SellersFunding, and not with the App Store.  The App Store is not responsible for the Application, maintenance and support services or any warranty thereof, or addressing any claims related thereto.  You agree to pay all fees charged by the App Store in connection with the Application (if any).  The Application may also be subject to additional terms and conditions and privacy policies, and SellersFunding is not a party to nor responsible for those additional terms.  

You may be permitted to place orders seeking to purchase a products and other offering from SellersFunding (“SellersFunding Offering”) available for sale on the Platform (whether in the form of an online order submitted through the Platform or an order submitted by way of email, phone, or other form permitted by SellersFunding, an “Order”).  All Orders are subject acceptance by SellersFunding, in its sole discretion.  In addition to this Terms of Use, your purchase of any SellersFunding Offering is governed by the terms displayed on the Platform in connection with each SellersFunding Offering and any additional terms provided to you in connection with your Order or any acceptance of your Order provided by SellersFunding (the “Terms of Sale”).  By placing an Order, you agree to be bound by the Terms of Sale with respect to that Order and any SellersFunding Offering included in that Order.  If this Terms of Use conflicts with the Terms of Sale for any Order, the Terms of Sale will govern and control with respect to the SellersFunding Offering provided to you under that Order.  Risk of loss and title to any SellersFunding Offering you purchase pass to you upon delivery of such SellersFunding Offering to the applicable carrier.  If a SellersFunding Offering is listed at an incorrect price or with incorrect information, SellersFunding shall have the right to refuse or cancel any Order placed for such SellersFunding Offering, whether or not the Order has been confirmed or your credit card has been charged.  If your credit card has already been charged for an Order and your Order is canceled, SellersFunding will promptly issue you a credit in the amount of the charge.  

5. Modifications to this Agreement, our Site and Our Products and Services

We reserve the right, in our sole discretion, to change, modify, withdraw, terminate, delete or otherwise alter, temporarily or permanently, all or any portion of, the Terms of Use, our Site or our Services, for any reason at any time without notice.  We reserve the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. 

We will not be liable if for any reason all or any part of our Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of our Site, or the entire Site, to users, including registered users.

If we make a material change to the Terms of Use we will notify you here, by e-mail, by means of a notice on our home page, or other places we deem appropriate or by updating this posting on this Site, and specifying the effective date of the new version of the Agreement (which may be effective immediately).  The effective date of the current version of the Terms of Use is at the top of this page.  What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.  You agree that

we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site (or any portion thereof).

Your continued use of our Site, including but not limited to the posting of a new version of the Agreement constitutes your acceptance of any such changes.  Subject to any limitations imposed by applicable law (including under Section 27 (Void Where Prohibited) and Section 28 (New Jersey Consumers)), we may, with or without prior notice, terminate any of the rights granted by these Terms of Use.  You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

6. Fees and Payment

We reserve the right at any time to charge fees for access to our Site, any services, or to any specific new feature or content that we may introduce from time to time.  Some of the products and services offered on our Site may require the payment of fees, interest and other amounts (“Premium Services”).  In no event will you be charged for access to our Site or any services unless we obtain your prior agreement to pay such fees. These chargeable products and services are subject to separate agreements into which you must enter prior to participating in such service.  If you elect to sign up for Premium Services, you agree to pay such fees if you sign up for any fee-based product or service.   If you do not consent to the payment of such fees, however, you may not have access to paid content or services.  

SellersFunding reserves the right to change its prices and at any time, subject to applicable law.  You authorize SellersFunding directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Premium Services.  All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.  You agree to pay for any such taxes that might be applicable to your use of the products and services and payments made by you to SellersFunding.  Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).

Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees.  Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) this Agreement.

7. Proceed with Caution: Accuracy of and Your Use of Information

All content and materials provided on our Site are intended for general information, discussion education and promotional purposes only.  Do not construe such content, some of which is provided by third party content providers or may be provided by advertisers, as either endorsed or verified by us.  The content is provided “as is” and your use or reliance upon such materials remains solely at your own risk.

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials is available as Content on our Site (including our e-mails, newsletters and blogs). Some of the Content is provided by SellersFunding or its suppliers, and other Content is provided by users who use our Site, such as user opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums.

While SellersFunding strives to keep the Content that is posted by SellersFunding on our Site accurate, complete, and up-to-date, SellersFunding cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by SellersFunding or its suppliers, or by users of our Site.  We do not warrant that any Content available on our Site is reliable, current or error-free.   

Any opinions, advice, statements or other information expressed or made available by users or third parties, including but not limited to bloggers, are those of the respective user or other third party and not of SellersFunding. SellersFunding does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made by users or third parties on our Site.

SellersFunding does not have any obligation to pre-screen, edit, or remove any Content provided by users that is posted on or available through our Site. As a general matter, we do not fact-check any user-generated Content.  

Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Site, or by anyone who may be informed of any Contents.

Notwithstanding the foregoing, SellersFunding will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove or move any such Content.

8. Our Right to Data Collection

By using this Site or calling SellersFunding on a recorded line, you hereby acknowledge and agree that SellersFunding has the right to collect and analyze data and other information relating to the provision, use and performance of the Site and various aspects of the Services (including, without limitation, information concerning data from any of its customers and data derived therefrom), and SellersFunding will be free (during and after the term hereof) to (i) use such information and data for improvement and enhancement of its services and products, for training and quality assurance, and for other development, diagnostic and corrective purposes in connection with its current and future services products, and (ii) disclose such data as expressed in its policies in connection with its business.   In addition, SellersFunding may incorporate such data and analysis into any joint ventures with its affiliates..   

By registering your phone number with SellersFunding, you are explicitly consenting to ongoing SMS Communication.

By providing your phone number and selecting the check-box to opt-in, you are agreeing and consenting to engage in ongoing communications with SellersFunding via SMS. You further agree and consent to allow SellersFunding (and its third party sponsors) to contact you via SMS Communications about:

• registration status regarding your application,
• your multi-factor authentication code;
• application process, status, and updates;
• proposal status and updates;
• account status and updates;
• your active products, updates, and notifications;
• any promotional offers on our current and future products;
• future marketing campaigns; and
•  

Please be advised that standard messaging and data rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. To request assistance, reply “HELP” to any SMS Communication you receive from SellersFunding. To opt-out to any further communication from SellersFunding, reply “STOP” to any SMS Communication you receive from SellersFunding. Our ongoing SMS Communication follows the guidelines of the Telephone Consumer Protection Act (TCPA).

The rights and licenses granted under this Section 8 shall survive the termination of this Agreement.   

9. Limited License Granted by SellersFunding to You and Restrictions on Use

Non-Commercial License.  Subject to the Restrictions on Use set forth in this Section 9 and any other limitations set forth in this Agreement, SellersFunding grants you a limited, revocable, non-transferable, and non-exclusive license (a) to access and make non-commercial use of our Site in accordance with this Agreement, and (b) to view, copy, print, and distribute Content relating to our Site (including our blog, newsletters and any emails) retrieved from our Site only for your non-commercial use, provided, that, in all cases of subclauses (a) or (b), you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content.  You may not use any Content available via our Site in any other manner or for any other purpose without the prior written permission of SellersFunding. All rights not expressly granted in this Agreement are expressly reserved to SellersFunding. 

You must contact us at compliance@sellersfunding.com  to request permission to use any Content for commercial or non-commercial purposes.

Restrictions on Use.  You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You understand and agree that you will not do or attempt to do or cause any third party to use our Site or our products or services:

• In any way for any purpose that is illegal or unauthorized.
• In any manner that violates (a) any applicable local, state, national, and international laws, rules and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or

(b) guidelines established by SellersFunding;

• To “mask” your IP address or country or jurisdiction of origin from which you are accessing our Site, whether through a proxy server, virtual private network (“VPN”), Tor or otherwise, whether or not you are in compliance with our Site’s geographic residency requirements set forth in Section 3 (Eligibility) ;
• To impersonate or attempt to impersonate SellersFunding, any company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing) or falsely state or otherwise misrepresent your affiliation with any person or entity;
• To intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through our Site;
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site, or which, as determined by us, may harm the SellersFunding or users of our Site or expose them to liability;
• To attempt to disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
• To provide Content that may be construed as abusive, harassing, tortious, defamatory, distasteful, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically or otherwise objectionable, offensive, controversial or illegal or inappropriate for any ages (as determined in our sole discretion);
• To frame or utilize framing techniques to enclose our Site or any portion thereof;
• To make any use of our Site or any content other than for personal use; • “Stalk” or otherwise harass including advocating harassment of another, entrap, or harm any user or third party, including harming minors in any way;
• To engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law
• To engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of

“spam;” 

• To use our Site in any manner that could disable, overburden, damage, or impair our Site or interfere with any other party’s use of our Site, including their ability to engage in real time activities through our Site;
• To modify, reverse engineer, create any derivative works based upon our Site or use any manual process to monitor or copy any of the material on our Site or for any other unauthorized purpose without our prior written consent;
• To use any device, software, or routine that interferes with the proper working of our Site or that that imposes or may impose (as determined by SellersFunding in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• To use any meta tags, “hidden text,” robots, spiders, crawlers, rovers, or other tools or data-mining technology or process, whether manual or automated, to monitor, collect, cache, scrape, index, mine, republish, redistribute, transmit, frame, mask, sell, license or download our Site, content (except caching or as necessary to view our Site), extract data from, copy or distribute any data from our Site, or the personal information of others, in each case without our prior explicit written permission or authorization;
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site, or disobey any requirements, procedures, policies or regulations of networks connected to our Site and services offered by our Site;
• To attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
• To use or access our Site in any jurisdiction in which doing so would be unlawful;
• To otherwise attempt to interfere with the proper working of our Site or to use our Site for anything other than its intended purpose; or
• To assist, permit or encourage any person to perform any of the activities described above.

License for Hyper-Links.  We also grant you a limited, revocable, non-transferable, and nonexclusive license to create a hyper-link to the home page of our Site for noncommercial use only.  A website that links to our Site (i) may link to, but not replicate, any or all of our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as abusive, harassing, tortious, defamatory, distasteful, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically or otherwise objectionable, offensive, controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, defamatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of our Site other than the home page.  We may, in our sole discretion, request that you remove any link to our Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

We reserve the right, but shall have no obligation, to investigate your use of our Site in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.  Any unauthorized use by you of our Site or any or all of our content automatically terminates the limited licenses set forth in this Section 9 without prejudice to any other remedy provided by applicable law or this Agreement.

10.Your Obligations and Responsibilities; Threatening and Abusive Actions 

Your Obligations and Responsibilities.  By accessing or using our Site, you agree that you will comply with this Agreement and any warnings or instructions on our Site.  You agree that when accessing or using our Site or any Content, you will act in accordance with the law, custom and in good faith.  You may not make any change or alteration to our Site or any content that may appear on our Site and may not impair in any way the integrity or operation of our Site.  Without limiting the generality of any other provision of this Agreement, if you default negligently or willfully in any of the obligations set forth in this Agreement, you shall be liable for all the losses and damages that this may cause to us, our parent entities, any subsidiaries, affiliates, partners, advertising sponsors, or licensors.

Threatening and Abusive Actions by Users.  We do not tolerate abuse of our Site and services provided on our Site.  You do not have permission to add other users to your mailing list (email or postal), call, or send him/her text or electronic messages for commercial purposes, even if this user initially approached you through posting on our Site or other social media platforms used by us, unless the user has given his/her explicit consent.  Sending unwanted or threatening email, text messages or postings is against this Agreement.  

11. User-Submitted Content: Representations and Warranties and Rights Granted to SellersFunding

You agree that you will comply with applicable laws and this Agreement, and that you submit only accurate and lawful Content. 

You are responsible for all Content that you submit, post, or otherwise make available to or through our Site. Any Content provided by you may not violate our policies or this Agreement.  By doing so, you represent and warrant to SellersFunding that (a) such Content is not confidential and that you own all rights to any Content (or have an appropriate license to use the Content in this manner) and have all necessary permission to submit, post and otherwise make available such Content, and (b) that such Content and our authorized use of such submissions do not and will not infringe the rights of any third party (including without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). 

You may not represent or imply to others that your Content is in any way provided, sponsored or endorse by SellersFunding or our affiliates or sponsors or partners, or any other third parties other than yourself.  You (not SellersFunding) are solely responsible for the consequences of sharing personal information about yourself on public areas of our Site, such as the home address or other personally identifiable information of you or others.  

Ownership in Your Content.  SellersFunding makes no claims to ownership of Content that you submit, post or otherwise make available to or through our Site and you continue to retain all ownership rights (whether owned directly (or licensed) by you or your affiliates) in such Content and the right to use your Content as you determine.  

License to SellersFunding.  However, you do grant to SellersFunding and its affiliates and service providers, a worldwide, irrevocable, non-exclusive, perpetual, fully-paid, fully sublicensable (through multiple tiers), royalty-free right and license in your Content throughout the universe, provided, however, that our exercise of our rights under this license shall at all times be subject to the limitations upon disclosure of your Content imposed on us by our Privacy Policy, as set forth below:

• with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of our Site (e.g. not intended as a private communication), the license (1) to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, create new material or derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide in any format or medium now known or later developed, including via our Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; (2) at SellersFunding’s sole discretion, to use any Content and to share Content (including personally identifiable information) to any third persons for the limited purpose of verifying or confirming eligibility for using our Site or our services or products; or (3) to use, collect, and analyze such Content (whether by itself or together with any other information used, collected or analyzed by us), (i) for any services or products that SellersFunding or its affiliates are providing to you; (ii) for our own internal analytics and tracking purposes, subject to our Privacy Policy; (iii) to improve and enhance its services and products and for other development, diagnostic and corrective purposes in connection with its current and future services products; (iv) to disclose such Content solely in aggregate or other de-identified form without personally identifiable information in connection with its business; and (v) for any commercial purposes relating to improving, altering, refining or creating our databases, algorithms and processes (whether solely proprietary to SellersFunding and our affiliates or in connection with third party tools) on an anonymized, non-personally identifiable basis (whether through SellersFunding, our affiliates or any third party or affiliated licensees); and
• with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of our Site, the license (1) to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, create new material or derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available; (2) to use, collect, and analyze such Content (whether by itself or together with any other information used, collected or analyzed by us); or (3) to use, collect, and analyze such Content (whether by itself or together with any other information used, collected or analyzed by us), (i) for any services or products that SellersFunding or its affiliates are providing to you, (ii) for our own internal analytics and tracking purposes, subject to our Privacy Policy; (iii) to improve and enhance its services and products and for other development, diagnostic and corrective purposes in connection with its current and future services products; (iv) to disclose such Content solely in connection with its business; and (v) for any commercial purposes relating to improving, altering, refining or creating our databases, algorithms and processes (whether solely proprietary to SellersFunding and our affiliates or in connection with third party tools) on an anonymized, non-personally identifiable basis (whether through SellersFunding, our affiliates or any third party or affiliated licensees).

Our algorithms, whether owned or licensed by us, incorporate your Content, data provided by you according to our Privacy Policy, directly or indirectly. Such content and data incorporated into our algorithms are owned or licensed exclusively by us with no ownership rights accruing to you with respect to such algorithms or any modifications to the algorithms derived directly or indirectly by any Content or data provided by you, directly or indirectly,  

By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without payment of any fees, SellersFunding, our affiliates and any service providers may use the Content for the purposes set out above.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to any Content provided by you.

We own all rights, title and interest in any compilation, collective work or other derivate work created by us using or incorporating Content provided by you (but not your original Content).  When you use a feature on our Site that allows visitors to share, transform, re-adapt, modify, or combine user-generated Content with other Content, you grant us and our users an irrevocable, non-exclusive, royalty-free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, re-distribute, adapt, promote, create derivative works, and syndicate your content in any medium (including our Site) and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. 

We are not required to back-up, store, archive, host, display or distribute any Content or data provided by you or generated by you in accessing our Site, products or services, and reserve the right to remove or refuse (in whole or in part) any Content submitted by you.   We are not responsible for any loss, theft or damage of any kind to any Content or data provided by you.

The rights and licenses granted under this Section 11 shall survive the termination of this Agreement.   

12. SellersFunding’s Ownership of Site and Intellectual Property Rights

SellersFunding owns this Site.  All right to, title to, and interest in the Content available via our Site, our Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on our Site, and our Site URLs, are the property of SellersFunding or its licensors. Everything on or used in connection with our Site (including our blog), including but not limited to the SellersFunding name and logo, product images and descriptions, Site design, the look and feel of our Site, text, graphics, button icons, images, audio clips, page headers, trademarks, trade dress, content, the selection and arrangement thereof, and all software belongs to or is licensed to SellersFunding and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  

Content on our Site is provided to you “AS IS” only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SellersFunding reserves all rights not expressly granted in and to our Site, the Content, or any of our services or products. You agree to not engage in the use, copying, or distribution of any of our Site, the Content or our services or products, other than expressly permitted herein for any commercial purposes. 

You agree not to circumvent, disable or otherwise interfere with security related features of our Site or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of our Site, the Content or our services or products.  

Permission is granted to electronically copy and to print in hard copy portions of our Site for purposes of placing an order or for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes; or
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

All trademarks, service marks, logos and designs used on this Site, whether registered or unregistered, are owned by SellersFunding or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by SellersFunding or its affiliates without our prior written consent.  

13. Copyright Infringement and Trademark Rights.

We respect the intellectual property of others and require that users of our Site do the same.  We also maintain a policy that provides for the termination in appropriate circumstances of our Site’s use of privileges of users who are repeat infringers of intellectual property rights.  

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send a written notice to our Designated Agent via this “Notice of Potential Copyright Infringement” or by e-mail or in writing via regular mail, for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on our Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Designated Agent for notice for claims of copyright infringement is:

Maurella van der Ree

Chief Compliance & Risk Officer

SellersFunding Corp. 

1290 Weston Road

Suite 306

Weston, FL 33326

+1-929-229-2252

copyrightclaim@sellersfunding.com

Please Use Above Contact Only for Copyright Infringement Notices.  THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SELLERSFUNDING THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  

Potential Trademark Infringement.  If you believe that your trademark is being used somewhere on our Site in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at trademarkclaim@sellersfunding.com.  We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.  

All Other Inquiries.   All other inquiries will not receive a response through this process and should be directed to compliance@sellersfunding.com.

14. Other Sites and Your Contact With Advertisers or Other Third Parties

The Site may contain third party content about, and links to, third parties and their websites that are not owned or controlled by SellersFunding. SellersFunding has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents.  Some of the content on our Site may be embedded from third party websites or services, including without limitation, our “Help” section, “Our Clients” section, links to articles or press materials about us, and testimonials provided by “TrustPilot” or other embedded videos.   In addition, SellersFunding will not and cannot censor or edit the content of any third-party site.  By using our Site, you expressly relieve SellersFunding from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each other website that you visit.

We are not responsible for the content of any third party Sites — even if they are linked to or from our Site.  Links appearing on our Site are for convenience only and are not an endorsement by us of the referenced content or product.  We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from our Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.  

Your dealings with advertisers or other third parties found on or accessible through our Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement by SellersFunding of content, items, or services on those third party Sites.  Your access and use such Sites, including the content, items, or services on those Sites, solely at your own risk.

Similarly, if you post information on a third party platform that references our Site (i.e. by using a hashtag associate with SellersFunding in a tweet), your post may be published on our Site in accordance with the terms of the third party website or service.  Also, both SellersFunding and the third party may have access to certain information about you and your use of our Site and the third party Site or service.

In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connection’s” web page, profile page, or similar page on a social networking or other third party website or interactive service. The information we collect in connection with social features is subject to our Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web Site or service. 

SellersFunding does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that SellersFunding will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our Site.

15. Disclaimer of Warranties with Respect to Site
16. SELLERSFUNDING IS PROVIDING OUR SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR SITE ON AN “AS IS” AND AS AVAILABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF OUR SITE, THE INFORMATION OR PRODUCTS OBTAINED THROUGH OUR SITE OR THROUGH LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITE OR ANY LINKED SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SELLERSFUNDING DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA OR NON-INFRINGEMENT.  

1. IN ADDITION, NEITHER SELLERSFUNDING, NOR ANY OF OUR AFFILIATES, RELATED PARTIES, REPRESENTATIVES, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED THAT (A) OUR SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR SITE, WILL MEET YOUR REQUIREMENTS, (B) OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE, OR MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM OUR SITE, ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS; (C) OUR SITE WILL BE RELIABLE, UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR NEEDS OR EXPECTATIONS, AND (F) ANY DEFECTS OR ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

1. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED

THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.

1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE, DIRECTLY OR INDIRECTLY, SHALL CREATE ANY WARRANTY.

1. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. SELLERSFUNDING AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA OUR SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT SELLERSFUNDING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL

SELLERSFUNDING, ITS AFFILIATES OR ANY RESPECTIVE REPRESENTATIVES BE

LIABLE UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH  (A)

THE USE OR INABILITY TO USE OUR SITE OR THE CONTENT, MATERIALS, SOFTWARE,

INFORMATION, TRANSACTIONS PROVIDED ON OR THROUGH OUR SITE, OR ANY PRODUCT OR SERVICE PURCHASED DIRECTLY OR INDIRECTLY USING OUR SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (E) ANY OTHER MATTER RELATING TO OUR SITE; (F) INTERRUPTION OF BUSINESS; (G) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE; (H) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (I) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON OUR SITE; (J) COMPUTER VIRUSES, HARMFUL CODE, DOS ATTACKS, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF OUR SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY SITES; (K) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OUR SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH OUR SITE; (L) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SITE; (M) DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, COMMUNICATIONS FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, NATURAL DISASTERS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL (EVEN IF SELLERSFUNDING, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); OR (M) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF SELLERSFUNDING, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING OUR SITE AND/OR THOSE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SELLERSFUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  YOU ALSO AGREE THAT WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY SERVICE OR PRODUCT OBTAINED THROUGH OUR SITE OR THROUGH THIRD PARTY MEANS.

1. FURTHER, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT

(INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED

TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, WHETHER OR NOT SELLERSFUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

1. UNLESS OTHERWISE SPECIFIED BY THE LAWS IN THE APPLICABLE

JURISDICTION, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY,

OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR SITE OR THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.  IF YOU ARE DISSATISFIED WITH OUR SITE, TERMINATION OF YOUR USE OF OUR SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

1. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON OUR SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH OUR SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON OUR SITES.

1. YOU AND SELLERSFUNDING AGREE THAT ANY CAUSE OF ACTION ARISING OUT

OF OR RELATED TO OUR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE

CAUSE OF ACTION ACCRUES, PROVIDED THAT AN ACTION RELATING TO COMMENCMENT OF ARBITRATION SHALL BE DEEMED COMMENCEMENT OF AN ACTION. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

17. Exclusions and Limitations

Applicable law may not allow the limitation of liability, implied warranties or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to you.  To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.  

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of SellersFunding, together with its affiliates, under such circumstances for liabilities that otherwise would have been limited shall not exceed any money that you paid to us (which was not used to pay any governmental fees, if any) plus one hundred dollars ($100).

18. Indemnification

You agree to defend, indemnify and hold harmless SellersFunding, its managing members, managers, members, directors, officers, employees, agents, and affiliates (the “Indemnified Parties”), from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees and disbursements) directly or indirectly related to (1) your breach of the Agreement; (2) your use of, and access to, our Site or any Content on our Site in violation of any law, rule, regulation or this Agreement; (3) your violation of any third party right, including without limitation, any property right, copyright or privacy right; (4) your violation of any other terms applicable to your use of Premium Services; or (5) the Content you submit, post, or transmit through or about our Site.  

You also agree to indemnify and hold harmless the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

This defense, hold harmless and indemnification obligation will survive these Terms of Use and your use of this Site.

19. SellersFunding is Not a Credit Advisor or Legal Advisor

We are not credit repair organization, credit counselor, or financial or legal advisor as defined under federal or state law. Use of our products or services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.  If you need professional assistance with your finances, please go to a professional that can help with your specific situation.

20. Termination

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access our Site. The provisions of this Agreement which by their intent or meaning are intended to survive such termination shall continue to apply indefinitely.

21. Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

22. Consent to Receive Notices Electronically by Posting on our Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refer from us electronically including without limitation by e-mail or by posting notices on this Site.  You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.  To withdraw your consent to receive Notices electronically, you must provide written notice to us (see Section 25 (Notices) of your withdrawal of such consent and discontinue your use of this Site.  In such event, all rights granted to you pursuant to this Agreement, shall automatically terminate.  Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.  Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.  Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

23. Customer Disputes and Mandatory Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at +1-929-229-2252.  In the event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), SellersFunding and you each agree to resolve those disputes exclusive by (A) contacting and interacting with our customer service department first, (B) failing a satisfactory resolution of your dispute, following the procedure set forth in the next paragraph below, and (C) failing a satisfactory resolution, through binding arbitration in accordance with the Arbitration Agreement below, instead of in courts of general jurisdiction.  

If you have any dispute with SellersFunding Corp. or its affiliates arising out of or relating to these Terms of Use after being dissatisfied with your engagement with our customer service department, you agree to notify SellersFunding Corp. in writing with a brief, written description of the dispute and your contact information, and we will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction.  If the parties are unable to resolve the dispute through good faith negotiations during such thirty (30) day period under this informal process, either party may pursue resolution of the dispute exclusively in accordance with the Arbitration Agreement below, instead of in court.

Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement

1. After providing a reasonable opportunity for customer service to resolve your dispute and following the thirty (30) day procedure set forth in the paragraph above, you and SellersFunding agree to arbitrate any and all disputes and claims by and between, among or including, SellersFunding (or its affiliates) and you arising out of or relating to this Agreement and the subject matter thereof (including without limitation, the Privacy Policy, our Site or any Services offered by us, including claims arising in contract, in tort, by statute or otherwise and the scope or applicability of this Arbitration Agreement and provision in our Terms of Use (“Dispute”; each party hereto that is a party to such Dispute, a “Disputing Party”), shall be settled exclusively by arbitration administered by the American Arbitration Association

(“AAA”) in accordance with its Commercial Arbitration Rules (the “Rules”).

1. This Agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
   • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
   • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
   • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
   • claims that may arise after the termination of this Agreement.

1. For purposes of this Arbitration Agreement, references to “SellersFunding”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, and references to “you” include all authorized or unauthorized users or beneficiaries of any Services provided to you under this or prior agreements between us.”
2. Notwithstanding the foregoing, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies, can, if the law allows, seek relief against us on your behalf. This Agreement does, however, preclude each party from pursuing court action regarding any such agency claims. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SELLERSFUNDING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION (WHETHER IN COURT OR ARBITRATION). You acknowledge and agree that this Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement, and your use of this Site.

1. Such arbitration shall be held before a single arbitrator, to be selected in accordance with the Rules, provided, that, the arbitrator that shall be selected and shall conduct himself or herself as independent and impartial in all matters relating to the arbitration. The arbitrator shall administer and conduct any arbitration in a manner consistent with the Rules. The AAA’s rules are available at adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. The arbitrator shall have sole and exclusive authority to resolve all claims covered by this Agreement, and any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. The arbitrator shall have the authority to grant any relief authorized by law, including injunctive relief.  Any issues involving the arbitrability of a dispute shall be governed by the Federal Arbitration Act (the “FAA”).  Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereover.  The place of arbitration shall be in the borough of Manhattan in New York, New York.  The applicable governing law will be as set forth in Section 25 (Entire Agreement; Applicable Law and Non-Waiver of SellersFunding’s Rights) (provided, that, with respect to arbitrability issues, United States federal arbitration law will govern).  The arbitrator shall not be bound by rulings in prior arbitrations involving different SellersFunding users.

If the value of the relief sought is $25,000 or less, you or SellersFunding may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SellersFunding subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and/or SellersFunding, unless the arbitrator requires otherwise. 

1. Notwithstanding any other provision in this Agreement to the contrary, the parties expressly agree that the arbitrator shall have absolutely no authority to award consequential, incidental, special, treble, exemplary or punitive damages of any type under any circumstances regardless of whether such damages may be available under Delaware law, the FAA, the Rules or any other applicable laws (unless such damages are a part of a third-party claim for which a Person is entitled to indemnification hereunder). In the event of any conflict between Delaware law and the FAA, the FAA shall prevail. 

1. Notwithstanding this Agreement to arbitrate or anything to the contrary in this Agreement, nothing shall bar a party from seeking temporary and emergent injunctive relief from a court of competent jurisdiction in aid of arbitration in emergent circumstances, including but not limited to circumstances involving the improper dissemination or other misuse of intellectual property.

1. The fees and expenses of the arbitrators shall, in the first instance, be borne equally by each Disputing Party, but, provided, that, the prevailing party in general any arbitration shall be entitled to recover its reasonable attorney’ fees and court costs from the non-prevailing party in such arbitration, and, the decision of the arbitrators will include such award of the arbitrators’ expenses and of other costs to the prevailing side as the arbitrator reasonably determines.

1. The arbitrator’s decision and award must be in writing stating the arbitrator’s essential findings and conclusions upon which any award is based, and will follow the terms of this Agreement, as applicable, and shall be binding upon all of the parties to the Dispute and final and non-appealable to the maximum extent permitted by law, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any party to the Dispute as a final judgment of such court. A party’s right for review of the arbitrator’s decision is limited to grounds provided under applicable law.  The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. 

1. YOU AND SELLERSFUNDING AGREE THAT EACH MAY BRING CLAIMS

AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND

NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR

REPRESENTATIVE PROCEEDING. Further, unless both you and SellersFunding agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

1. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

1. Purchaser and Seller irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any objection that either may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement or any other document executed in connection herewith in any arbitral tribunal referred to above. Each of the parties hereto irrevocably waives, to the fullest extent permitted by applicable law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such arbitral tribunal.

1. Each party hereto irrevocably consents to service of process in the manner provided for notices in Section 25 (Notices) . Nothing in this Agreement will affect the right of any party hereto to serve process in any other manner permitted by applicable law.  The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (“Demand”).  If SellersFunding and you do not reach an agreement to resolve the claim within thirty- (30-) days after the Notice is received, you or SellersFunding may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by SellersFunding or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SellersFunding is entitled. 

1. Notwithstanding any provision in this Agreement to the contrary, we agree that if SellersFunding makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are visiting our Site or receiving Services from SellersFunding, you may reject any such change by sending us written notice pursuant to Section 25 (Notices) within thirty (30) days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

1. No information concerning any arbitration may be unilaterally disclosed by to any third party by any participating party unless it is required to do so by law or by a competent governmental, authority, regulatory or self-regulatory body and then only: (i) by disclosing no more than is legally required, and (ii) furnishing to the arbitrator and all participating parties details of the disclosure and an explanation and reason for it.

1. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH OF THE PARTIES HEREBY WAIVES THE RIGHT TO A JURY TRIAL.

1. Notwithstanding anything to the contrary in this Agreement or in any other agreement by and between you and SellersFunding, nothing in this Agreement or in any other agreement by and between you and SellersFunding shall affect any right that the SellersFunding may otherwise have to bring any action or proceeding relating to this Agreement or in any other agreement by and between you and SellersFunding against you or any of your respective properties in the courts of any jurisdiction.

24. Entire Agreement; Applicable Law and Non-Waiver of SellersFunding’s Rights

You acknowledge and agree that this Agreement, together with the privacy and any other legal notices and agreements published by SellersFunding on our Site, constitutes the complete and exclusive agreement between us concerning your use of our Site, and supersede and govern all prior proposals, agreements, or other communications.  

You agree that: (i) our Site shall be deemed solely based in New York, New York, USA; and (ii) our Site shall be deemed a passive website that does not give rise to personal jurisdiction over SellersFunding Corp. or any of its affiliates or service providers, either specific or general, in jurisdictions other than New York.

This Agreement and the resolution of any claim or dispute related to this Agreement or our Site shall be governed by and construed in accordance with the laws of the State of Delaware, the United States of America, together with the Federal Arbitration Act and other applicable federal law, without giving effect to any principles of conflicts of law.  In the event of any conflict between the Federal Arbitration Act and Delaware law, the Federal Arbitration Act shall prevail.  Subject to Section 24 (Customer Disputes and Mandatory Arbitration), any legal action or proceeding between SellersFunding or its affiliates, on the one hand, and you, on the other hand, related to the Agreement shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the State of Delaware, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts and to waive any defenses of inconvenient forum. 

This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement and is not intended to create any substantive right to a non-Delaware resident’s ability to assert claims under Delaware law whether by statute, common law, or otherwise.

Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

25.Notices

Unless otherwise specified in this Agreement, all notices under Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Written notice may be sent via first-class mail to SellersFunding Corp., 1290 Weston Road, Suite 306, Weston, FL 33326 Attention: Operations, or via e-mail to operations@sellersfunding.com.  You agree that we may send notices to you regarding your use of our Site by means of electronic mail, a general notice posted on our Site, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.

26. Electronic Signatures

With respect to this Terms of Use, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

27. Void Where Prohibited

We administer and operate this Site from its location in New York, New York, United States of America; other SellersFunding websites may be administered and operated from various locations outside the United States.  We do not imply that the materials published on our Site are appropriate for use outside of the United States. 

Although our Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on our Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on our Site is void where prohibited. 

We remind you that our Terms of Use forbid any visitor to our Site from “masking” an IP address or country or jurisdiction of origin from which you are accessing our Site, whether through a proxy server, virtual private network (“VPN”), Tor or otherwise (as set forth in Section 9 (Limited License Granted by SellersFunding to You and Restrictions on Use) ). 

If you access our Site from outside of the United States or the United Kingdom, you do so on your own initiative (in breach of these Terms of Use which requires you to be a resident of the United States or the United Kingdom as set forth in Section 3 (Eligibility) ) and you are responsible for compliance with local laws. 

28.New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 16 (Limitations of Liability) , the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 16 (Limitations of Liability) , the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 16 (Limitations of Liability)  and Section 17 (Exclusions and Limitations) , application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) subject to and only limited to the extent of limitations and prohibitions imposed by applicable statutory and case law in the State of Delaware to Delaware corporations under an agreement intended to be governed by Delaware law and transacting with New Jersey consumers, in Section 18 (Indemnification) , the requirement that you indemnify SellersFunding and other Indemnified Parties (for example, to the extent the scope of such indemnity is prohibited or limited under New Jersey law);  (e) in Section 24 (Entire Agreement; Applicable Law and Non-Waiver of SellersFunding’s Rights) , the submission to the jurisdiction and venue of any state or federal court in the State of Delaware, to the extent deemed unenforceable under New Jersey law, (f) in Section 24 (Entire Agreement; Applicable Law and Non-Waiver of SellersFunding’s Rights) , the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law), and (g) with respect Section 30 (Events Beyond Our Control) with respect to force majeure events that would limit our liability, only to the extent unenforceable under each of the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act, the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act, in each case, as amended from time to time or superseded by a successor statute or re-interpreted by relevant case law, respectively. 

29. Events Beyond Our Control

Under no circumstances shall SellersFunding be held liable for any delay or failure in this Site and/or any of the Services and/or information on our Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of SellersFunding, including, without limitation, Internet failures, equipment failures, communications failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, vandalism, natural disasters, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties, even if SellersFunding, its affiliates or their respective authorized agents or representatives have been advised of the possibility of such events or circumstances.  The provisions of this paragraph are in addition to, and not intended to limit or modify Section 16 (Limitations of Liability)  as stipulated above.

30. General

• If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

• If we do not act in relation to a breach by you or others of these Terms of Use, this will not be deemed as a further continuing waiver of such breach and does not waive our right to act with respect to such breach or subsequent or similar breaches.

• Neither the course of conduct nor course of dealing between the parties, nor trade practice shall act to modify any provision of this Agreement.

• This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SellersFunding to any party at any time without restriction or limitations or any notice to you.

• Your rights and duties under this Agreement are not assignable by you without the written consent of SellersFunding Corp.

• This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

• In these Terms of Use, the term “Site” includes any email bulletins or other content that we provide to you via or initiated from this website.