Terms and Conditions

Terms of Use

Last Revised in January, 2019

By accessing or using the www.nationalbusinesscapital.com (“Website”) or any service made available by National Biz, LLC DBA National Business Capital or its affiliates (“NBC”) (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms”).  Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. These Terms affect your legal rights and obligations.  by accessing or using the Service, you acknowledge and represent that you have read, understand and are fully able and competent to accept these terms and conditions AND AGREE TO BE legally BOUND BY THEM. If you are under the age of thirteen (13) OR IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. The terms and conditions below limit our liability and obligations to you and allow us to change, suspend or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to read the following terms and conditions:

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for, and assume all liability regarding (i) the information and content you provide, (ii) the information and content you make available in any manner through the Service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided. NBC may not be able to provide matches for every user seeking to use its Services. Further, NBC makes no guarantees as to the number of matches or the ability to obtain business funding. You agree to provide accurate, true, current and complete information and agree to not use the Service for any illegal purpose. You will only use the Service in accordance with federal, state and local laws and for a bona fide business purpose.

License

The Service contains content owned or licensed by NBC (“NBC Content”).  NBC Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and NBC, NBC owns and retains all rights in the NBC Content and the Service.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the NBC Content.  Also, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the NBC Content. With these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use. We may terminate this license at any time for any reason whatsoever. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights. By providing information or content to any account or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to NBC and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Service in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

Availability, Errors, and Inaccuracies

We are constantly updating our Service. The Service may be described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including availability and services. While we strive to ensure that the Service works, we cannot and will not guarantee that our Services will work as intended and that content will be available or accessible at any specific point in time.  We expressly disclaim any and all liability as a result of delayed, lost, or unsent messages or errors associated to the content or Services.  We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Our Service depends on various factors such as software, hardware and communications networks, and other factors outside of its control. You understand that we do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.

Privacy

Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms.  Please carefully review our Privacy Policy.  By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.

Links To Other Web Sites

Our Service may contain links to or other content related to third-party web sites or services that are not owned or controlled by NBC. NBC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We are not responsible for the availability or content of such third-party links, web sites, products or services.  You further acknowledge and agree that NBC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Copyright Complaints

NBC respects the intellectual property of others. If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify us of your claim of infringement by sending the following written information to our designated copyright agent:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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;
• Information reasonably sufficient to permit us to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• 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; and
• 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.

Our copyright agent for notice of claims of copyright infringement can be reached at: 1 Corporate Drive, Suite 202 Bohemia, NY 11716 Management@national.biz

Compliance With Laws

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties. You agree that you will not use the Service for any prohibited purpose. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules and regulations applicable to you. In addition, you acknowledge that to use the Service, (i) the content must be yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the use of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless NBC, its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of or in connection with: (i) your use and access of the Service; (ii) a violation or breach of these Terms or any other agreement that governs your use of the Service; (iv) a violation of any of your representations or warranties made to us, or (v) a violation of any law or the rights of any third party.

Disclaimer Of Warranties

The service is provided on an “as is”, “as available” and “with all faults” basis.  to the fullest extent permissible by law, neither NBC nor any of its subsidiaries, affiliates, related companies, employees, managers, officers, or agents (collectively, the “NBC parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) NBC content; (C) third party CONTENT; or (D) security associated with the transmission of information to NBC or via the service.  in addition, the NBC parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The NBC parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.  the NBC parties do no make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful.  you acknowledge that your use of the service is at your sole risk.  the NBC parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the NBC parties specifically disclaim such warranties. By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. The NBC parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or cause of any kind or character based on or resulting from any content.

Limitation Of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE NBC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) NBC CONTENT; (C) THIRD PARTY CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE NBC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE NBC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).  IN NO EVENT WILL THE NBC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE NBC PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE NBC PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Time Limitation On Claims

You agree that any claim you may have arising out of or related to your relationship with NBC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in Suffolk County, New York, for the resolution of any such dispute and you agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.

Class Action Waiver

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

Miscellaneous Terms

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under this Agreement without our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect.  NBC may assign its rights under this Agreement without condition. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, without notification. It is your responsibility to review the latest Terms before you use the Service. By continuing to access or use the Service after new Terms become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Service.

Contact Us

If you have any questions about these Terms prior to accepting, please contact us at Management@national.biz