ACCEPTING THE SERVICE TERMS AND CHANGES TO THE SERVICE TERMS
By accessing or using the Services, you are agreeing to these Service Terms and entering into a legally binding agreement with us. If you do not agree to the Service Terms you may not use the Services or create an account.
As our business grows and improves, we may, from time to time, change these Service Terms and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Service Terms, we will notify you via email as appropriate. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms. By using the Services, you are agreeing to be legally bound by this agreement.
ELIGIBILITY AND REGISTRATION
You must be at least 18 years old to use these Services. If you want to participate in an activity on this website, you will have to register first. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties. By providing your information, you consent to us contacting you about your interest in the Services by email, phone, or through any other contact information you have chosen to provide.
By using this website, you may be given authorization to view certain public and non-public information regarding promissory notes, real property, pictures, locations, documents, and other information that is contained herein. You agree that any and all information obtained from Note Trader Exchange and/or contained herein constitutes confidential information and that you will not use, disclose, or divulge any information contained herein except to your financial advisors, attorneys, accountants and other professionals advising you whether to enter into a transaction.
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our content without our express prior written permission is strictly prohibited.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items. You may not frame the Websites. You may not link to the Websites without the written consent of NoteTraderExchange.com. You also can’t link to our Websites from websites that contain content we would find objectionable.
YOUR LICENSE TO USE THE SERVICES
The entire content of this website is and shall remain the intellectual property of Note Trader Exchange, LLC. As such, it is protected by State, Federal and International copyright and other applicable laws. The unauthorized use of this website or its contents is strictly prohibited without prior written permission, and such violation may result in both civil and criminal liability. Such intellectual property rights include any proprietary software used on this website.
Consultant may use the Confidential Information, including adapting, modifying and creating derivative works of the Program, solely for purposes of assisting Customer in evaluating the Program and/or implementing or modifying the Program at CUSTOMER’S facility to meet CUSTOMER’S particular requirements. Consultant may not use the Confidential Information to perform maintenance services for Customer or for any other purposes, and may not in any event distribute the Confidential Information to any third party, including other licensees.
All adaptations and modifications to the Confidential Information, and all derivative works thereof, shall be deemed to be the sole property of Note Trader Exchange, whether prepared by Note Trader Exchange, Customer, Consultant, or any other party. Consultant agrees that any such adaptations, modifications and derivative works prepared by Consultant for Customer shall be deemed to be work for hire as defined under the United States copyright law.
Consultant shall have no right to use, copy or disclose the Confidential Information, in whole or in part, except as authorized herein. Consultant may disclose the Confidential Information only to DBS’s or CUSTOMER’S employees in the scope of their employment who have a need to know and to obtain access thereto for the purposes described above and who are bound by a written agreement with Consultant to maintain the confidentiality of such Confidential Information in a manner consistent with this Agreement.
All tangible Confidential Information, and any copies thereof, shall be promptly returned to Note Trader Exchange, or destroyed at Note Trader Exchange’s option, upon request of Note Trader Exchange or upon termination of this Agreement.
You agree not to use the Services in any way that:
1. Violates these Service Terms;
2. You are not allowed to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
3. Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
4. Creates any derivative works from the Services;
5. Competes with our business or impacts our revenue;
6. Impairs our computer systems or transmits software viruses, worms, or other harmful files.
7. Interferes with any other party’s use and enjoyment of the Services;
8. Attempts to gain unauthorized access to the Services;
9. Uses any part of the Services in unsolicited mailings or spam material;
10. Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary right;
11. Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, or submits or transmits pornography; or
12. Violates any laws.
To use the Services, you must follow our rules. The rules above are designed to keep the Services safe and enjoyable for all users.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a note. You are encouraged to conduct your own due diligence and investigate all matters relating to any investment opportunity. It is recommended that you seek independent advice, including legal advice, to perform your own due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
Some of the available content, services and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. YOU are responsible for performing your own diligence on notes available for purchase on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Unless a state law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or $100, whichever is greater.
You agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content you submit to the Services; or (iv) your breach of the Service Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree to defend and hold us harmless against claims and damages caused by your use of the Services or violation of the Service Terms.
HOW WE MAY USE YOUR INFORMATION
We also may use the information you provide us through electronic mail, including your email address, to respond to you. We also may use the information we collect from your visit to our website to identify levels and areas of interest in us which enables us to improve and refine the content of the Web site. We do not sell any of this information to third parties. We do, however, reserve the right to disclose such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain website-related services (e.g., web hosting, improve website-related services and features, or maintenance services) on our behalf. We also reserve the right to disclose such information to any third party if we believe that we are required to do so for any or all of the following reasons: (i) by law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the website or our network; and/or (iv) to protect the rights, property, or safety of us and our affiliates, their partners, and employees, the users of this Web website, or the public.
All personal information obtained by Note Trader Exchange is treated as private and confidential. The information available to users of this website is intended only for the legitimate business use of Note Trader Exchange's customers and clients. Note Trader Exchange will not intentionally violate any right of privacy nor make such information available to third parties for solicitation by third parties. Note Trader Exchange comes into possession and knowledge of a limited amount of information necessary for it to provide its services to its customers and clients, but treats all information received as private and confidential.
Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Service Terms. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.
TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason. Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time at our discretion. We may also modify, suspend, or discontinue the Services.
If you breach or threaten to breach any provision of these Service Terms, in addition to terminating your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or threatened breach of these Service Terms. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
In order to protect the Services, we reserve the right at any time to block users from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Service Terms including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in New Jersey before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.
Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of New Jersey. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Service Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
It is very important that you read and understand this entire section. This section explains that by using the Services, you are agreeing to resolve any dispute related to the Services or these Service Terms through binding arbitration, and you are giving up your right to resolve disputes in front of a judge or jury. You are also agreeing to arbitrate your claims individually, and not as part of a class action.
The contents and access to this website are provided for convenience only and in so providing such material, access and information, Note Trader Exchange makes no representations or warranties of any kind, express or implied, with respect to the website or any material or information provided. By using this website, in addition to any other waivers or releases made by a user of this website, you expressly promise, acknowledge and agree that Note Trader Exchange, its agents, employees, representatives, members of its board of directors, attorneys, shareholders or any other related or affiliated person or entity (the Related Parties) shall not be liable for any damages of any kind, including but not limited to consequential, compensatory, special and punitive damages. This express promise extends to any equitable claims of any nature, including, but not limited to comparative liability and indemnification, and if any third party sues or makes any claim against any of the parties listed in this paragraph as a direct or indirect result of information provided to you, the user agrees to indemnify, defend and hold Note Trader Exchange and the Related Parties harmless. Any attorney chosen by a user to defend Note Trader Exchange and any of the Related Parties, shall be competent and experienced in the appropriate area of law involved, and shall be subject to the subjective approval of Note Trader Exchange and the Related Parties involved. If Note Trader Exchange does not approve of the attorney chosen by the user, it has the right to retain the attorney of its choice and the user shall be liable for all attorney fees and costs incurred immediately as they accrue and become due.
JURISDICTION AND VENUE MATTERS
By using this website, a user expressly agrees that jurisdiction and venue for any action against Note Trader Exchange or any of the Related Parties shall be in New Jersey, in the appropriate state or federal court. There shall be no other place or court which shall have concurrent jurisdiction and any user of this website waives any rights concerning jurisdiction and venue and acknowledges and agrees to these provisions.
We attempt to adopt commercially reasonable security measures consistent with legal industry practice to assist in protecting against the loss, misuse, and alteration of personally identifiable information which is under our control. However, no system of transmitting data over the Internet can be guaranteed to be 100% secure. As a result, while we undertake commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the website. You provide all such information entirely at your own risk.
You acknowledge that these Service Terms, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. If any provision of the Service Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Service Terms will remain in force. Our failure to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Service Terms or the rights hereunder without our prior written consent. We may assign the Service Terms and delegate certain responsibilities, obligations, and duties under or in connection with the Service Terms in our sole discretion.
These are all the general legal terms that govern your use of the Services.
2016 Note Trader Exchange LLC
PO Box 601 Oradell NJ 07649