IOU FINANCIAL INC.
1. User Agreement. This user agreement (the “Agreement”) applies to the services offered by IOU Central Inc. (the “Company”, “we” or “us”) through any of the Company’s Web sites, including ioucentral.com, ioucentral.ca, and any country-specific (the “Services”). When using our Services, whether it is just browsing or initiating transaction, you will be subject to the guidelines or rules currently applicable to the service that are accessible by clicking Legal Agreements, which may be amended from time to time and you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. If you disagree with anything in this Agreement, please do not use the Web site.
You agree that the Company may change the terms and conditions of this Agreement at any time upon giving you prior notice, and that your continued use of the Web site after any such posting and prior notice will constitute your acknowledgment and acceptance of the revised terms and conditions.
2. Limitation of Use. This Web site and all its contents are intended solely for personal use. You may not reproduce, publish, transmit, distribute, display, modify, create, work from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content design, source code, software, photos, images and other information from this Web site. The content on this Web site may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Web site is strictly prohibited. We reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Web site does not authorize anyone to use any of the Company’s name, logo, mark or any other intellectual property in any manner, except if prior written approval is obtained.
We reserve the right to limit loan quantities, refuse orders, terminate accounts, and/or cancel orders as set forth in the Borrower Agreement or the Lender Agreement, whichever is applicable to you in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
3. Eligibility. Use of the Web site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to us that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
4. Patent Information. The Company’s algorithm, methods, and technologies embedded in this Web site are already covered by patents or are patent pending.
5. Third-Parties. This Web site may contain hyperlinks, which will take you out of the Company’s Web site and connect you to third party sites. The Company is providing these hyperlinks to you only as a convenience. The inclusion of any hyperlink does not imply endorsement by us of the sites. These sites are not under our control and by accessing them; you do so at your own risk.
6. No Warranties. THE WEB SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER’S USE OF AND RELIANCE THEREON ARE AT CUSTOMER’S OWN AND SOLE RISK. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ON THE WEB SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
- THAT THE WEB SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS OR MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, FAULT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE COMPANY.
8. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, AS AMENDED FROM TIME TO TIME; (B) YOUR VIOLATION OF ANY STATE, PROVINCIAL, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
9. Monitoring of the Site. We have no duty to monitor the Web site; however, you accept and agree that we have the right to monitor the Web site electronically when we see fit and to reveal any information as required or appropriate to comply with any law, regulation or other governmental request, to operate the Web site, or to shield ourselves or other users of the Web site.
10. Severability. If any provision in this Agreement shall be considered, void, or for any reason unenforceable, then that provision and conditions shall not affect the validity and enforceability of any remaining provisions.
11. Termination. We, in our sole discretion, unless otherwise prohibited by law, may terminate or modify this Agreement, access to the Web site or the Services, or any current transaction at any time without notice for any reason.
13. Additional Terms. Terms and conditions in areas or pages of the Web site may require additional terms and conditions of use, which are in addition to the current terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will have precedence over the terms and conditions of this Agreement.
14. Governing Law. This Agreement shall be governed by the laws of the Province of Quebec, Canada (unless this choice of law is not permitted under the laws of the Province in which you reside, in which case the laws of the Province in which you reside will govern this Agreement).
15. Language. The parties hereby confirm their express wish that the present Agreement and all documents and agreements directly and indirectly related thereto, including notices, be drawn up in English. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et conventions qui s’y rattachent directement ou indirectement, y compris les avis, soient rédigés en langue anglaise.