LENDERNICHE.COM Advertiser Account

Terms and Conditions

Terms of use have been modified as of 9/15/2005

Please see the Privacy Statement for our policies with regard to your privacy and personal information.

By using LENDERNICHE.COM, you agree to the following terms and conditions of use.

Terms & Conditions for Advertiser

LenderNiche LLC Advertising Agreement, Terms and Conditions

You ("Advertiser") will place an advertisement via our Advertising Service (“Service”) that is displayed on one or more web pages within LenderNiche.com. The Service runs on software developed by LenderNiche LLC (“The Company”), advertisements are viewed by members of the public or members (“Users”) of LenderNiche.com. The Service is a venue for The Company and an Advertiser to organize, complete and fulfill advertising transactions. This Advertising Agreement (the "Agreement") is between The Company and you, the Advertiser.

1. Conditions for Advertising, Payment

1.1 Subject to approval by The Company, advertising is available to anyone who registers all the required information and has paid for the advertising submitted ("Advertiser Content") in a manner required on the advertisement submission form.

1.2 Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. Charges shall be calculated solely based on records maintained by The Company. No other measurements or statistics of any kind shall have any effect under this Agreement.

1.3 The Company reserves the right to, and in its sole discretion may, at any time review, edit, reject, modify, or remove any advertisement. No liability of The Company shall result from any such decision.

1.4 Payment may take place via a credit card using a secure payment system by a trusted payment service (“Payment Solution Provider”), or, upon special arrangement, by check. Payments are limited by terms of Payment Solution Providers. If an advertisement is not accepted, The Company shall return the fee paid upon submission of the advertisement to Advertiser by refunding the credit card purchase. Refunds made only at the discretion of The Company in the event the advertisement has not yet been approved by The Company AND an e-mail has been sent to support@lenderniche.com

1.5 Advertiser may not use the Service in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. The Company reserves the right to restrict, suspend, or terminate Advertiser's access to all or any part of the The System at any time, for any or no reason, with or without prior notice, and without liability.

1.6 By submitting advertising into The Service, the Advertiser grants The Company the loyalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. Advertiser also warrants that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to Advertiser the right to grant the license stated above. Advertiser also permits any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

1.7 Advertiser acknowledges and agrees that The Company may preserve Advertiser Content and may also disclose Advertiser Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Advertiser Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Company, Users and the public.

2. Representations and Warranties

2.1 All advertisements are published upon the representation by the Advertiser that the Advertiser is authorized to publish the entire contents and subject matter thereof, that the contents are not unlawful and do not infringe the rights of any person or entity and that the Advertiser have obtained all necessary permission or releases.

2.2 Advertiser further represents and warrants that any Web site linked to Advertiser's ad(s) complies with all laws and regulations in any state or country where the ad is displayed, does not breach and has not breached any duty toward or rights of any person or entity and is not false, misleading, defamatory, libelous, slanderous or threatening.

2.3 The Company, its affiliates, partners and third-party service providers make no guarantee regarding the levels of impressions or clicks for any advertisement placed into The Service.

2.4 Company, its affiliates and third-party service providers do not warrant or make any representations regarding the use or the results of the use of the materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise. The Advertiser assumes the entire cost of all necessary maintenance, repair or correction.

2.5 ADVERTISER ACKNOWLEDGES THAT ADVERTISER IS USING THE SERVICE AT ADVERTISER'S OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE COMPANY, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. COMPANY, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER FROM THE COMPANY THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

3. Limitations of Liability, Indemnification

3.1 COMPANY, ITS AFFILIATES, PARTNERS AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO ADVERTISER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PRUCHASE OF ANY GOODS OR MERCHANDISE, ADVERTISER'S ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, ADVERTISER'S USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
ADVERTISER HEREBY AGREES TO RELEASE COMPANY, ITS AFFILIATES, PARTNERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ADVERTISER'S USE OF THIS SITE. IF ADVERTISER IS A CALIFORNIA RESIDENT, ADVERTISER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".

3.2 Advertiser acknowledges that, due to the nature of the Internet, The Company, its affiliates, partners and third-party service providers can assume no liability for unauthorized copying of advertising content by Users.

3.3 Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

3.4 The entire aggregate liability for The Company, its affiliates and third-party service providers to Advertiser for all claims arising from the use of the Service is limited to an amount equal to the sums actually received by Company under this Agreement.

4. Miscellaneous

4.1 This Agreement shall be governed in all respects by the laws of Florida and the parties agree to submit to the non-exclusive jurisdiction of the Florida courts.

4.2 All correspondence should be sent to The Company via the e-mail address specified on The Company's site.

4.3 The Company or its designees may retain and use for its own purposes all information Advertiser provides, including but not limited to Ads, URLs, contact and billing information. The Company or its designees may share aggregate (i.e., not personally identifiable) information about Advertiser with other advertisers, business partners, including syndication Partners, sponsors, and other third parties. The Company or its designees may use Advertiser Content in its promotions, press releases and other marketing materials.

4.4 While The Company does value Advertiser feedback on The Service, Advertisers are asked to be specific in their comments and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, Advertiser sends us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of The Company, its affiliates, partners and third-party service providers. None of the Submission shall be subject to any obligation of confidence on The Company, its affiliates, partners and third-party service providers, and the same shall not be liable for any use or disclosure of any Submission. The Company, its affiliates, partners and third-party service providers shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to Advertiser or any other person who submitted the Submission.

4.5 In the event that the bulk of the assets of The Company, its affiliates, partners and third-party service providers are acquired, user data submitted via the Service may be among the transferred assets.

4.6 Advertiser agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of The Service or any activities conducted on servers owned, leased, or rented by The Company. Advertiser agrees not to take any action that imposes an unreasonable or disproportionately large load on The Service's hardware, bandwidth or software. Advertiser agrees not to impede or interfere with others' use of The Service. Advertiser further agrees not to alter or tamper with any information or materials on or associated with The Service.

4.7 All prices and terms are subject to change. The current terms of this Agreement can always be publicly accessed via http://www.LenderNiche.com.