TERMS AND CONDITIONS OF USE
Welcome to this website. It is an informational tool provided and owned by UFT Commercial Finance and/or its affiliated companies (collectively, "UFT Commercial Finance"). These Terms and Conditions of Use ("Terms") govern your use of the uftcommercialfinance.com and uftcf.com websites and all related pages, information, databases, materials and services (collectively, the "Site"). If you do not accept these Terms, we respectfully request that you do not continue use of this Site. Use of this Site indicates your acceptance of these Terms. Please scroll down this document to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.
You may only use this Site if you are at least 18 years of age. These Terms are a contract between you and UFT Commercial Finance. By accessing any portion of the Site, you have a limited license to use its contents for your personal, non-commercial use according to the Terms. These Terms cannot be waived or modified by any oral communications between you and UFT Commercial Finance. If you have questions regarding these Terms, please contact UFT Commercial Finance at firstname.lastname@example.org.
The UFT Commercial Finance Site is for informational purposes only and does not constitute and should not be construed as a solicitation or offer for sale of any securities, or a recommendation to acquire or dispose of any investment or to engage in any other transaction, including in respect UFT Commercial Finance or any herein referenced product. Nothing on this website is an offer of securities for sale into the United States. Securities may not be offered or sold into the United States absent registration under the U.S. Securities Act of 1933 or exemption therefrom.
Professional Services and Advice:
No client, advisory, fiduciary or professional relationship is implicated or established by your having access to this Site and neither UFT Commercial Finance nor any other person is, in connection with this website, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.
Cautionary Language Regarding Forward-Looking Statements:
This Site contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Investors are cautioned not to place undue reliance on forward-looking statements, which are inherently uncertain. Actual results may differ materially from that projected or suggested due to a variety of market conditions and circumstances related to any credit. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. UFT Commercial Finance does not undertake any obligation to publicly update or revise any forward-looking statements or to conform such statements to actual results. Information contained in press releases is only current as of the date of press release. The information contained on this Site is not intended to be and should not be construed as an offer to sell or a solicitation of any offer to purchase any securities.
Restrictions on Use of UFT Commercial Finance Materials:
Your license to use the Site includes the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by UFT Commercial Finance at any time under the circumstances described in these Terms. You agree to retain all copyright and other proprietary notices contained on the Site. The contents and use of the Site (including UFT Commercial Finance's name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws.
You may not:
1. Use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
2. Copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display UFT Commercial Finance's name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;
3. Use any device designed to provide repeated automated access to any Site other than those made generally available by UFT Commercial Finance;
4. Include "UFT Commercial Finance," "UFT Commercial Finance, LLC," any other UFT Commercial Finance trademarked materials, the name of any UFT Commercial Finance personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between UFT Commercial Finance and you, any other party, or any other website, or otherwise use these items without UFT Commercial Finance's express written permission;
5. Collect or store personal data about other users of the Site;
6. Upload, e-mail or otherwise transmit to UFT Commercial Finance or through the Site or any UFT Commercial Finance computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by UFT Commercial Finance;
7. Create a link to any Site without UFT Commercial Finance's prior written permission;
8. Use the Site to advertise or perform any commercial solicitation; and/or
9. Use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
UFT Commercial Finance reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing UFT Commercial Finance to disclose such information.
UFT Commercial Finance does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does UFT Commercial Finance endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.
Termination, Removal of Materials, and Monitoring:
You agree that UFT Commercial Finance may terminate, restrict, or suspend part or all of your license to access the Site and delete any content transmitted to or through the Site, at any time without prior notice to you and without any liability to you. UFT Commercial Finance also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in UFT Commercial Finance's sole discretion, may create liability for UFT Commercial Finance, its agents or its contractors or may affect UFT Commercial Finance's business relationships or contracts with its agents or its contractors. UFT Commercial Finance further reserves the right to remove any materials that do not conform to these Terms - though UFT Commercial Finance shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that UFT Commercial Finance has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release UFT Commercial Finance from any liability related to its monitoring activities. If UFT Commercial Finance denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials.
Website Linking and Cautions About Third-Party Information Included in Site:
For your general informational use only, UFT Commercial Finance may provide access to third party websites. UFT Commercial Finance is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any Site via hyperlink or otherwise, whether such link is provided by UFT Commercial Finance or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which UFT Commercial Finance may link). By providing access to other websites, UFT Commercial Finance is not recommending or supporting any third party or endorsing or acknowledging, except as expressly noted, that it is affiliated with any website's sponsoring organization. UFT Commercial Finance does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
UFT Commercial Finance may include third party information in the Site for general informational purposes only. UFT Commercial Finance is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree UFT Commercial Finance does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content and UFT Commercial Finance is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom UFT Commercial Finance conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint venturers with UFT Commercial Finance, or otherwise provide you or any third parties with any rights to act on UFT Commercial Finance's behalf.
Disclaimers and Limitations of Liability:
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your personal information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION AND CONTENT ON THE SITE ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND THAT THE SERVICES, PRODUCTS, AND SOFTWARE AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF, OR REPRESENTATIONS RELATED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAW(S)). YOU AGREE THAT UFT COMMERCIAL FINANCE IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN UFT COMMERCIAL FINANCE.
WITHOUT LIMITING THE ABOVE LIABILITY DISCLAIMER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL UFT COMMERCIAL FINANCE BE LIABLE TO YOU FOR ANY DAMAGES THAT MAY RESULT TO YOU FROM YOUR USE OF THE SITE, OR THE MATERIALS AND SERVICES CONTAINED ON THE SITE (INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY TO YOU CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE RELATED TO THE SITE, ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT OR DATA, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON THE SITE), UNLESS ARISING SOLELY AND DIRECTLY FROM UFT COMMERCIAL FINANCE’S WILLFUL MISCONDUCT.
IN ANY EVENT, YOU AGREE THAT UFT COMMERCIAL FINANCE IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS); AND IN NO EVENT SHALL UFT COMMERCIAL FINANCE'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ANY ATTORNEYS FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, LIMITATIONS, OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY UFT COMMERCIAL FINANCE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST UFT COMMERCIAL FINANCE, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
If you provide UFT Commercial Finance with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold UFT Commercial Finance responsible for any misuse or unauthorized viewing of that information.
In consideration of your use of the Site, you hereby agree to indemnify UFT Commercial Finance (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than UFT Commercial Finance.
Applicable Law and Arbitration of Disputes:
UFT Commercial Finance controls and operates the Site from our offices within the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws. You agree that the laws of the State of Illinois (excluding any choice of law rules) govern your rights and obligations relating to UFT Commercial Finance and your use of the Site. Any and all disputes arising under or relating to this Site shall be finally resolved by binding arbitration by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon such an award may be entered by any court of competent jurisdiction. The arbitrator will be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration pursuant to these Terms. Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the use of the Site shall be in the state court or district federal court for Chicago, Illinois.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect conforming to UFT Commercial Finance's intent for entering into these Terms. No waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Copyright Agent for Claims of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act, UFT Commercial Finance designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to UFT Commercial Finance's designated agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on any Site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.