Terms and Conditions
You further agree that you will NOT do any of the following:
1. Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.
2. Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
3. Upload, post, transmit, share, store, or otherwise make publicly available on the website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers.
4. Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
5. Use or attempt to use another’s account, service, or system without authorization from Fairfax Funding, or create a false identity on the website.
6. Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Fairfax Funding, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Fairfax Funding or its affiliates, licensors and their respective officers, directors, employees, agents and representatives, or website users to any harm or liability of any type.
Fairfax Funding reserves the right, in its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content, any Portal, and any third-party’s User Content at any time with or without notice for any or no reason.
As a user of the website, you affirm that you are 18 years of age or older. Fairfax Funding will not consider nor retain any applications, comments or information submitted by persons under the age of 18. You assume all responsibility for your use of, or access to, the website, including your access to any website content or user content, and hereby waive all claims or causes of action against Fairfax Funding, its affiliates, licensors and their respective officers, directors, employees, agents and representatives in connection therewith.
Fairfax Funding may offer the opportunity to provide feedback as a part of its services. By providing feedback to Fairfax Funding, you give a non-exclusive, irrevocable, perpetual and sub-licensable right for us to share the information in any format and for any purpose, including but not limited to, advertising use. No compensation will be paid to you for your submission, and Fairfax Funding is under no obligation to use or post any information provided.
You warrant that you own or control all of the rights to all content, photographs, videos or images, and that such content, photographs, videos and images do not infringe upon the intellectual property rights of any third parties. You agree to indemnify Fairfax Funding, our affiliates, agents and partners for any and all claims resulting from the content you submit.
You may not post content that is unlawful, obscene, threatening, inflammatory, libelous, defamatory, or that includes any misleading information. Fairfax Funding may remove any submission at any time in its sole discretion.
Fairfax Funding retains all right, title and interest in this website and its content, designs and layouts, functions, graphics, photographs, music, sound, features and services offered on this website, including any and all copyright, trademark and other intellectual property rights.
Fairfax Funding reserves all rights not expressly granted. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein.
Authorization to Contact You by Telephone
You authorize Fairfax Funding, our affiliates, agents, partners and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you, using any means of communication, including but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.
By using parts of this website, or sending e-mails to Fairfax Funding, you are communicating with us electronically. You agree to receive communications from us electronically, and that all agreements, notices, disclosures and other communications that we, our affiliates, partners or independent contractors provide to you electronically satisfy any legal requirement that such communication be in writing and are effective immediately.
If you are accessing our website and the disclosures via a mobile device (e.g., smart phone, tablet, etc.), you must make sure that you have software on your mobile device that allows you to print and save any and all disclosures provided to you during the application process. If you do not have these capabilities on your mobile device, please access this website or portal through a device that provides these capabilities.
You may withdraw your consent to receive disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post any funding requests on our website. If you have a pending request on our website, we will terminate it and remove it from our system. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send disclosures to your verified business address provided during registration.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Fairfax Funding OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR COSTS, OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND Fairfax Funding’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In the event State law does not allow the exclusion or limitation of liability for consequential or incidental damages, Fairfax Funding’s liability shall be limited and warranties are excluded to the fullest extent permitted by law, but shall in no event exceed $100.00. You agree that any cause of action arising out of or related to Fairfax Funding, any website, or any website content or user content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Digital Millennium Copyright Act
Fairfax Funding takes the issue of copyright infringement very seriously, and has adopted the following policy in accordance with the Digital Millennium Copyright Act (DMCA)
(http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Fairfax Funding’s policy to (1) block access to or remove content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the service to repeat offenders.
If you believe that any content on this website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org (“Designated Agent”) with the following information:
1. Identification of the copyrighted work claimed to have been infringed, or—if multiple copyrighted works at a single online site are covered by a single notification a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.
You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your identification and password.
Fairfax Funding reserves the right to terminate your access to the website or portal, or cancel your
Governing Law and Jurisdiction
Fairfax Funding shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its lenders, partners or agents, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.