Terms of Service General & Acceptance
BY USING AND/OR VISITING THIS WEBSITE (the “Website”) AND/OR USING THE IRONBRIDGE SOLUTIONS, LLC SERVICES (the “Services”), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the “Terms of Service” or “Agreement”) of Ironbridge Solutions, LLC (“Ironbridge Solutions, LLC,” “us,” or “we”). If you do not agree to any of these terms, then please do not use the Website or the Services. Please note that any application for funding through us may be subject to a separate agreement that may be provided to you. The use of the terms Ironbridge Solutions, LLC, us, or we herein includes Ironbridge Solutions, LLC and its affiliates, vendors, partners, agents and other personnel. In addition to all other agreements that may be provided to you, this Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all users of the Website. By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
Section 1: Eligibility
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are entering such information on behalf of yourself or on behalf of an entity or individual you have the proper authority to represent; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Services does not violate any applicable law or regulation.
Section 2: Provided Services
To the extent permitted by law and by other written agreements which may be entered into between you and us, the Services provided through this Website by us are provided AS IS and we assume no responsibility for any failure in providing the Services to you. We may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. We may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. We may include commercial opportunities or content in any Ironbridge Solutions, LLC product, services, image or webpage.
Section 3: General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not use bots to engage the Services.
Section 4: The Website
The Website may contain third party content about, and links to, third parties and their websites that are not owned or controlled by us. We have 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. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Section 5: Website Access
We hereby grant you permission to use the Website as set forth in this Terms of Service, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Ironbridge Solutions, LLC; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service.
Section 6: Fees & Payment
Some of the services offered on the Website may require the payment of fees, interest and other amounts (“Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Website in connection with such Charged Services selected by you. We reserve the right to change its prices and at any time, subject to applicable law. You authorize us 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 Charged 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 Services and payments made by you to Ironbridge Solutions, LLC. 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).
Section 7: Consent to Share Information
By uploading or otherwise sharing information with us through use of the Website and/or the Service, you agree that all information provided by you or your agents may be transferred, sold, or otherwise shared by us to third parties to the full extent permitted by law. Such consent shall be deemed granted by you irrespective of whether you pay for the Services. By uploading or otherwise sharing information through the Website, you represent that you have the authority to upload or share such information and that by doing so you are not in breach of any contract with a third party or in violation of any applicable state or federal law or regulation. You agree to promptly notify us, and to immediately cease use of the Website and the Services, if you elect to withdraw such consent.
Section 8: Intellectual Property Rights
The content on the Website (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. Content on the Website 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. Ironbridge Solutions, LLC reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Website or any of the Services or Content therein.
Section 9: Third-Party Service Providers
Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the Services only on the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services technology.
Content You Provide. You are licensing to Ironbridge Solutions, LLC and its service providers (“Service Provider”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Services for the purpose of enabling Ironbridge Solutions, LLC and the Service Provider to provide you the Services. During the term of this Agreement, Ironbridge Solutions, LLC and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the Services to you. 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, Ironbridge Solutions, LLC and the Service Provider may use the Content for the purposes set out above.
Third Party Accounts. By using the Services, you authorize Ironbridge Solutions, LLC and the Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Ironbridge Solutions, LLC and the Service Provider a limited power of attorney, and you hereby appoint Ironbridge Solutions, LLC and the Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third- party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN IRONBRIDGE SOLUTIONS, LLC OR THE SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, IRONBRIDGE SOLUTIONS, LLC AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third- party account providers shall be entitled to reply on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. You acknowledge that through the use of the Services, Ironbridge Solutions, LLC shall have access to your account credentials, including but not limited to login username and passwords.
Section 10: Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IRONBRIDGE SOLUTIONS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IRONBRIDGE SOLUTIONS, LLC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL IRONBRIDGE SOLUTIONS, LLC, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IRONBRIDGE SOLUTIONS, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IRONBRIDGE SOLUTIONS, LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IRONBRIDGE SOLUTIONS, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Section 11: Indemnity
You agree to defend, indemnify and hold harmless Ironbridge Solutions, LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of Charged Services. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Section 12: Events Beyond Control
Under no circumstances shall Ironbridge Solutions, LLC be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Ironbridge Solutions, LLC, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Section 13: Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ironbridge Solutions, LLC without restriction or limitations.
Section 14: General
You agree that: (i) the Website shall be deemed solely based in the State of Utah; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Ironbridge Solutions, LLC, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Ironbridge Solutions, LLC that arises in whole or in part from the Website or the Services shall be decided exclusively by a court of competent jurisdiction located in Utah. You hereby agree to waive any class action proceeding against Ironbridge Solutions, LLC or its directors, officers, employees, affiliates, or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to the Website or the Services.
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