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Terms of Use

Agreement

Able Lending LLC, a Delaware limited liability company, and its affiliates, doing business as ablelending.com (“Able,” “we,” “our,” or “us”), owns and operates this website (the “Site”) and Able’s commercial lending program (the “Service”). Able is a collaborative small business lender. Able is not a broker, investment advisor, financial planner or money transmitter, and does not provide financial, securities, legal or tax advice. Able does not perform money transmitter services, and instead relies on a third party provider to transfer money among the parties engaged in the Service. Before you borrow money or make any financial decision, you should seek additional information and advice from your accountant, attorney, and other advisors.

These Terms of Use describe the terms and conditions that apply to your use of the Site. As used on this Site, “Users” means anyone who accesses and/or uses the Site or Service, or where the context otherwise requires, “Users” shall include any business or other entity that uses or accesses the Site or Service on behalf of any other User. “You” shall include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Service.

Your access to and use of the Site and the information, materials, products, and services available through the Site are subject to all applicable laws and regulations and to these Terms of Use, including any future modifications (this “Agreement”). By accessing, browsing, or otherwise using the Site, you acknowledge that you have read and understand this Agreement, and that you agree to be bound by its terms and conditions. If you do not agree to be bound by this Agreement and to abide by all applicable laws, you must discontinue use of the Site immediately. As long as you comply with these Terms of Use, Able grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

IN ADDITION TO THESE TERMS OF USE, YOU MAY ENTER INTO OTHER AGREEMENTS WITH US OR OTHERS THAT WILL GOVERN YOUR USE OF THE SERVICE OR RELATED SERVICES OFFERED BY US OR OTHERS. FOR EXAMPLE:

BORROWERS WILL ENTER INTO:

  • THE LOAN AGREEMENT, AND
  • THE SUBORDINATION AGREEMENT
  • ONE OR MORE OWNERS OF THE BORROWER WILL ENTER INTO A PRINCIPAL GUARANTY OF THE BORROWER’S LOAN

BACKERS WILL ENTER INTO:

  • THE BACKER NOTE, AND
  • THE SUBORDINATION AGREEMENT.

BOTH BORROWERS AND BACKERS WILL RECEIVE A PROPOSAL LETTER / TERM SHEET AND MAY BE REQUIRED TO ENTER INTO ADDITIONAL AGREEMENTS. IF THERE IS ANY CONTRADICTION BETWEEN THESE TERMS OF USE AND ANOTHER AGREEMENT YOU ENTER INTO APPLICABLE TO SPECIFIC ASPECTS OF THE SERVICE, THE OTHER AGREEMENT SHALL TAKE PRECEDENCE IN RELATION TO THE SPECIFIC ASPECTS OF THE SERVICE TO WHICH IT APPLIES.

You may not use the Service and you may not accept this Agreement if you are under 18 years of age. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Able, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Able’s express prior written consent.

You may use information on Able’s products and services (such as data sheets, blog posts, knowledge base articles, and similar materials) purposely made available by Able for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

We may revise the information on this Site or otherwise change or update the Site, including these Terms of Use, without notice to you. Able may also make improvements and/or changes in products and/or services described on the Site or add new features at any time without notice. We encourage you to periodically read these Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of the Site will signify your continued agreement to these Terms of Use as they may be revised.

Privacy Policy

The Site’s Privacy Policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to the collection and use of your information by the Site as described in the Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, account numbers) is encrypted.

Click here to view the Privacy Policy.

Site Use

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all use of this Site. You agree not to assign, transfer or sublicense User rights pursuant to this Agreement.

You agree not to, and will not assist, encourage, or enable others to:

  • Violate applicable law
  • Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service
  • Use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Able or others to use and enjoy the Site
  • Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Able server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means
  • Use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs)
  • Frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages or engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information
  • Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Able, including any Able account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site
  • Post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
  • Post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
  • Post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
  • Post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • Post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you
  • Post or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website
  • Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law
  • Except where authorized by the Company:
  • Register for more than one User account on behalf of the same business or entity
  • Operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name
  • Operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service
  • Operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business or entity and Able

Passwords

The Site may permit or require you to register or obtain a password prior to permitting you access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password. You agree to notify Able immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Able or any other user of or visitor to the Site due to someone else using your login ID, password or account as a result of your failing to keep your account information secure and confidential.

Mobile and Other Devices

  • We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
  • In the event you change or deactivate your mobile telephone number, you will update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  • You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on the Site.

Able makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.

Information, News, and Press Releases

The Site may contain information, news, and/or press releases about Able. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.

Linked to Third Party Websites

The Site may contain links to websites published by other content providers. Also, the Site may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same. You will need to make your own independent judgment regarding your interaction with these linked sites.

Third Party Sites, Including Social Networking Services

By using the Service, you expressly authorize Able to access your User Information maintained by third parties or to directly connect to the website for the third party you have identified, on your behalf. Able will submit User Information that you provide to log you into the third party website and configure the Service so that it is compatible with the third party sites for which you submit your information.

You also grant Able and its service providers access to third party sites to retrieve, review, and use your User Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service, and you hereby agree to release Able and its service providers from any claims arising out of the use of your User Information contemplated herein.

You may enable or log in to the Site via various social media and social networking services including Facebook (“Social Networking Services”) or we may ask you to authenticate, register for or log into Social Networking Services in order to access information that will help Able provide better services for you and track your business growth and loan potential. We will use, store and disclose such information in accordance with our Privacy Policy. Please see our Privacy Policy here. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Able shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

Able is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Able is not liable for any damage or loss caused or alleged to be caused by or in connection with our use of or reliance on any such Social Networking Services. The integration or inclusion of such features does not imply an endorsement or recommendation.

Your Provision of Information to Able

When you provide information to us, you agree to: (a) provide accurate, current, and complete information about yourself and the company signing up for the Service; (b) maintain and promptly update such information to keep it accurate, current, and complete; and (c) certify that you are authorized on behalf of the company whose name you have entered to sign up for the Service. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.

Able reviews your business information to determine loan eligibility and underwriting. To assist us in our loan evaluation, you hereby agree to promptly provide us with all access that we may require or reasonably request about your facilities, personnel and accountants, business plans, financial statements (actual and pro forma), and accounting books and records. You also consent to and authorize us to perform all background, credit, judgment, lien and other checks and searches as we believe appropriate in our sole credit judgment.

You also understand and agree that we and our agents and assignees are authorized to contact third parties to make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Able is making no commitment or guarantee that any product, evaluation, or guidance provided by Able will result in an approval for credit from Able or any third party. We reserve the right to review and approve, in advance, all materials, press releases, advertisements and disclosures that contain the name of the sender or any of its affiliates or describe the proposal contained herein.

Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us at team@ablelending.com.

User-Provided Content on the Site

You understand that all information, data, or other materials that you or another user provide in connection with the Site or otherwise communicate to us (“User-Provided Content”), including, but not limited to, customer testimonials, blog content, photographs, and quotations, are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Site. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Site, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Site.

By submitting any User-Provided Content to Able, you represent and warrant that:

  • All “moral rights” that you may have in such content have been voluntarily waived by you.
  • You have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with www.ablelending.com and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through www.ablelending.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of www.ablelending.com and under this Agreement.
  • You are not posting or transmitting any content, message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
  • You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  • All content that you post is accurate, does not violate these Terms of Use, and will not cause injury to any person or entity or be libelous or defamatory.
  • BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.

All User-Provided Content that you submit may be used at Able’s sole discretion. Able reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Site in its sole discretion. Able does not guarantee that you will have any recourse through Able to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Able, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Able may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Able’s sole discretion.

Any written notification of claimed infringement should comply with 17 U.S.C. 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Able Lending LLC
800 West Cesar Chavez Street B101
Austin, Texas 78701

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from Able, by using Able’s Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links,” and other similar marketing devices. Products offered will be at the sole discretion of Able, and may be provided by companies not affiliated with Able. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Able does not legally endorse or guarantee products or services provided by non-affiliated companies.

Some Able services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Able services, queries made through Able services or other information. The manner, mode and extent of advertising by Able on its services are subject to change. As consideration for your use of Able services, you agree that Able may place such advertising and that Able shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Able services or your subsequent dealings with advertisers.

Disclaimer of Warranties

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Able reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ABLE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ABLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User-Provided Content you submit, post, transmit, or make available through the Site, your violation of these Terms of Use, your misuse of the Site, or your violation of any third-party rights.

Violation of These Terms of Use

Able may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Able’s rights or property, or the rights or property of visitors to or Users of the Site, including Able’s customers. Able reserves the right at all times to disclose any information that Able deems necessary to comply with any applicable law, regulation, legal process or governmental request. Able also may disclose your information when Able determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Able may preserve any transmittal or communication by you with Able through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Able determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Able, its employees, Users of or visitors to the Site, and the public.

You agree that Able may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines, which may be associated with your use of the Site. You agree that Able may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Able does take any legal action against you as a result of your violation of these Terms of Use, Able will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Able. You agree that Able will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.

Dispute Resolution

These Terms of Use shall be treated as though they were executed and performed in Austin, Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Should a dispute arise concerning these Terms of Use or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association, in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies. These remedies are in addition to any other remedies Able may have at law or in equity.

Force Majeure

Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms of Use on account of either party’s delay or failure to perform as required under these Terms of Use as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other labor difficulties; and (b) the party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.

Severability

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

Waiver

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use.

Termination

We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of these Terms of Use. Upon any termination of the Agreement by either you or Able, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Void Where Prohibited

Able administers and operates the Site from its location in Austin, Texas; other Able sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Able reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Other

  • This Agreement makes up the entire agreement between the parties regarding the use of the Site and supersedes any prior agreements.
  • Other than as provided in the documents entered into in connection with the Service, Able will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
  • You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
  • All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in this Agreement shall prevent us from complying with the law.
  • This Agreement does not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.

Contact Us

Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms of Use or the practices of Able, or if you would like to register a complaint, notify Able of a dispute, notify Able of inaccurate or misleading information, or notify us of improper use of the Service, please feel free to contact us at (512) 222-5425, at team@ablelending.com, or at:

Able Lending LLC
800 West Cesar Chavez Street B101
Austin, Texas 78701

These Terms of Use were last updated on November 19, 2014.