Your Consent and Use of the Website
We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Express Capital Funding Inc. may terminate your right to and deny you access to this Site if, in Express Capital, Inc’s sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever, in Express Capital Funding, Inc. sole discretion.
Use of this website is limited to businesses and to individuals who are representatives of those businesses over the age of 18 and residents of the United States. This Web site is specifically not directed to children under 13 years old. The policy of Express Capital Funding Inc., as the operator of this Web site, is NOT to knowingly to collect any personal information from children under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the website without filling out any of the registration, entry, or other forms or otherwise providing any information about yourself.
PROHIBITED USES. Express Capital Funding, Inc. imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Express Capital Funding, Inc in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots”, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
Intellectual Property Rights
The trademarks, service marks, trade names, logos, and commercial symbols of Express Capital Funding, Inc. and other persons, used at this Site are protected by the trademark laws of the United States, applicable trademark laws of the several states and foreign countries, and international treaty. Such marks and commercial symbols may be used only as permitted by applicable law.
This Site and its contents are protected by the copyright laws of the United States and, as applicable, the laws of other countries or international treaty. Except as specifically permitted herein, and except for solely internal use for the evaluation of Express Capital Funding, Inc. and its products and services, and provided that, in those limited exceptions, you retain all copyright and other proprietary notices on any copies of the materials and such copies are maintained for your own internal use and are not further disseminated by you, copying any portion of the Site or its content (including electronic copying or downloading) is expressly prohibited without the prior written permission of Express Capital Funding, Inc. No right, title or interest in any of the information, material, or other content of this Site are granted to you under any circumstances and Express Capital Funding, Inc. reserves and retains all intellectual property rights in and to the Site and its content. Linking or framing to this Site or any of its content is also prohibited without the prior written permission of Express Capital Funding, Inc.
Disclaimer of Warranties and Limitation of Liabilities
ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, IS PROVIDED WITHOUT GUARANTY OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL EXPRESS CAPITAL FUNDING, INC. BE LIABLE TO YOU FOR LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THIS SITE OR ANY OF THE FUNCTIONALITY, SOFTWARE, PROGRAMMING, INFORMATION, CONTENT, GOODS, OR SERVICES CONTAINED OR PROVIDED AT THIS SITE. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF EXPRESS CAPITAL FUNDING, INC FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE, ANY INFORMATION, CONTENT, GOODS, OR SERVICES CONTAINED AT OR PROVIDED OR PURCHASED FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU TO EXPRESS CAPITAL FUNDING, INC. FOR INFORMATION OR CONTENT PURCHASED BY YOU FROM THIS SITE WHICH IS DIRECTLY RELATED TO ANY DAMAGE OR INJURY SUFFERED BY YOU.
FURTHER WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED AT THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, OR ACCURACY. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this Site. Express Capital Funding, Inc. will warrant the truth, accuracy, or completeness of any such information, if at all, only by separate mutual, bilateral written contract executed by both Express Capital Funding, Inc. and the party with whom Express Capital Funding, Inc. enters into such contract. No such contract is created or shall exist by virtue of your use of this Site, by this Agreement, or by making a purchase electronically at this Site. Likewise, Express Capital Funding, Inc. does not warrant the accuracy of third-party content contained within or referred to at this Site, including reference by any links to third-party websites.
Nothing contained at this Site is intended as legal or financial advice. You should consult your own attorney or other advisor for any legal or financial advice.
This Site and the information contained herein are not intended for personal consumer, family, or household use.
You agree to indemnify, defend and hold harmless Express Capital Funding, Inc., its affiliates, directors, officers, employees, and agents, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or arising out of your use, unlawful use or other misuse, or inability to use the Site, or any of its content, or your breach of this Agreement.
Choice of Law, Arbitration, and Venue
This Agreement, the use of this Site, and any claim or controversy relating to or arising from the use of this Site, any purchases or other transactions made or entered into at this Site, or of any information, content, goods, or services herein contained or provided from this Site, or of any functionality or software or programming contained or provided at or from this Site, shall be governed by the laws of the State of California and, as applicable, the laws of the United States of America. Any dispute arising out of or relating to this Agreement, the use of this Site, and any claim or controversy relating to or arising from the use of this Site, any purchases or other transactions made or entered into at this Site, or of any information, content, goods, or services herein contained or provided from this Site, or of any functionality or software or programming contained or provided at or from this Site, shall be decided by one arbitrator under commercial arbitration rules of Judicial Arbitration and Mediation Services (JAMS) dispute resolution services. Such arbitration hearing shall take place in Orange County, California. The decision of the arbitrator shall be final and binding. The award may be entered in, and any ancillary legal proceeding shall be conducted in, the Superior Court of the State of California, in and for the County of Orange, or, where applicable, the federal District Court sitting in the County of Orange, State of California.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to other or similar breaches.
Submission and Posting of Information, Writings and Other Materials
If you open an account or commence transaction of business at this Site, you will be required to complete the registration process by providing certain information and registering a username and password. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Express Capital Funding, Inc. be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
If you provide or post any information at or through the Site, you represent, warrant, and agree that any such information or material which you provide or post: Does not and shall not contain personal identifying information of any person other than you or your company; Is not and shall not be false, inaccurate, misleading, or fraudulent;
Does not and shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; Does not and shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Is not and shall not be defamatory, constitute trade libel, or be unlawfully threatening or harassing; Is not and shall not be obscene or contain pornography or otherwise be harmful to minors;
Is not and shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and Does not and shall not contain any advertising of any nature whatsoever.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.