BOEFLY® WEBSITE VISITOR TERMS & CONDITIONS
Thank you for visiting the website located at www.boefly.com (the "Site"). The Site is an Internet property of Boefly, LLC ("Boefly®," "we" or
"us"). You agree to the following Boefly® Website Visitor Terms and Conditions (the "Terms and Conditions"), in their entirety, when you access or
use our Site as a non-registered user ("Visitor"). If you wish to access any of Boefly's® products and/or services that are only made available to
registered users ("Registered User Services") such as Borrowers, Lenders, Franchisors, Associations, Franchisees, Association Members (collectively,
"Registered Users"), you must first submit an application by and through the Site and agree to the applicable Registered User terms and conditions
(collectively, "Registered User Terms and Conditions").
The Content appearing on the Site is provided for informational purposes only, and none of the Content appearing on the Site is intended for trading or investing purposes. Much of the Content appearing on the Site is provided by third parties. Boefly® shall not be responsible or liable for the accuracy, usefulness or availability of any Content or other information transmitted or made available via the Site, and shall not be responsible or liable for any borrowing, lending and/or investment decisions based on such information. Boefly® is not a lender, borrower or other financial services provider. Boefly® is not engaged in rendering advice associated with any financial matter and nothing we do and no element of the Site should be construed as such. The Content on the Site is not a substitute for professional financial advice. You should always check with your attorney, accountant and/or other financial service providers to be sure that any Content or other advice, products and/or services offered by and through the Site are appropriate for you. Boefly® disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site.
BOEFLY® IS NOT ACTING AS AN AGENT, ADVISOR, CONSULTANT, BROKER OR LENDER TO ANY BORROWER, LENDER, BUYER, SELLER, OTHER REGISTERED USERS OR VISITORS. BOEFLY® IS MERELY A PASSIVE FORUM PROVIDER AND ALL TRANSACTIONS ARE CONSUMMATED SOLELY BETWEEN THE VARIOUS REGISTERED USERS.
1. Scope/Modification of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Visitor Services, Content, Site, and/or any other analyses, research, opinions and/or other information provided by or through same (collectively, "Boefly® Visitor Offerings"). The Agreement constitutes the entire and only agreement between you and Boefly® with respect to your use of the Boefly® Visitor Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Boefly® Visitor Offerings. Boefly® may change the Agreement, and the scope and functionality of the Boefly® Visitor Offerings, in whole or in part, at any time without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Boefly® Visitor Offerings. By your continued use of the Boefly® Visitor Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes.You understand and agree that Boefly® is not responsible or liable in any manner whatsoever for your inability to use the Boefly® Visitor Offerings.
2. Requirements. The Boefly® Visitor Offerings are available only to individuals that: (a) are at least eighteen (18) years of age; and (b) can enter into legally binding contracts under applicable law.
3. Description of the Site. Subject to the terms and conditions of the Agreement, Visitors that possess the requisite technology shall have the opportunity to view all or some of the media, text, images, graphics, quotes and other information pertaining to loans and other financial products (collectively, "Loans"), analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork and other content made available by and through the Site and/or Services (collectively, "Content"). In addition, Visitors shall have the opportunity to apply for the various Registered User Services, and for access to the Exchanges, each as described more fully in the applicable Registered User Terms and Conditions. You are solely responsible for your interactions with other Site-users including, but not limited to, Registered Users, Third-Party Providers and/or other third parties. Because we are not involved in Site-user interactions, in the event that you have a dispute with one or more Visitors, Registered Users, Third-Party Providers and/or other third parties, you hereby release Boefly® including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Boefly® reserves the right, but has no obligation, to monitor disputes between you and other Visitors, Registered Users, Third-Party Providers and/or other third parties.
4. Description of the Content. The Content is compiled, distributed and displayed by Boefly®, as well as Registered Users, and other third party content providers ("Third-Party Providers"). Boefly® does not control the Content provided by Registered Users and/or Third-Party Providers that is made available by and through the Visitor Services and/or Site, and such Content should not necessarily be relied upon. Such Registered Users and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness or usefulness of such Content. Boefly® does not represent or warrant that the Content and other information posted by and through the Visitor Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that Boefly® will not be responsible for, and Boefly® undertakes no responsibility to monitor or otherwise police, such Content. You agree that Boefly® shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Registered Users and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Boefly® Visitor Offerings.
If you would like to register a complaint, notify Boefly® of a dispute or notify us of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Visitor Services, please feel free to contact us at 800 277-3158 or at support@BoeFly.com.
5. Description of the Visitor Services. Subject to the terms and conditions of the Agreement, Visitors may submit certain financial information via the Boefly® Fundability Tool or Lender Preference interface, and other Site applications, in order to receive certain feedback regarding their suitability to receive or make a Loan. Where a Visitor submits an e-mail address and requests to be contacted by certain Registered Users regarding a potential Loan request, then such Visitors must first submit the applicable registration and application form to Boefly® via the Site, for review and initial approval, as well as a payment method for the applicable fee, if any, and agree to the applicable Registered User Terms and Conditions.
6. License Grant. As a Visitor, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Boefly® Visitor Offerings in accordance with the Agreement. Boefly® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Boefly®, you may only use the Boefly® Visitor Offerings for your own personal use. No part of the Boefly® Visitor Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Boefly® Visitor Offerings and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Boefly® Visitor Offerings. You may not use the Boefly® Visitor Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Boefly® Visitor Offerings for any commercial purposes not expressly permitted by Boefly®. You further agree to indemnify and hold harmless Boefly® for your failure to comply with this Section 6. Boefly® reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Boefly® Visitor Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Boefly® Visitor Offerings infrastructure.
7. Proprietary Rights. All material posted or made available by and through the Boefly® Visitor Offerings including, but not limited to, the design, selection, arrangement and coordination of such Boefly® Visitor Offerings is owned or licensed by or to Boefly®, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Boefly® Visitor Offerings may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Boefly's® prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Boefly® Visitor Offerings or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Boefly® Visitor Offerings by Boefly® does not constitute a waiver of any right in such information and materials. Boefly® reserves all rights not expressly granted in the Agreement. The "Boefly" and "Boe Knows" names and logos are trademarks of Boefly®. All custom graphics, icons and service names are trademarks of Boefly®. All other trademarks are the property of their respective owners. The use of any Boefly® trademark without Boefly's® express written consent is strictly prohibited.
8. Bypassing or Disabling any Portion of the Boefly® Visitor Offerings or Software. If you bypass or disable any portion of the Boefly® Visitor Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Boefly® systems, you are in violation of the Agreement and Boefly® may suspend or terminate your use of the Boefly® Visitor Offerings without notice. Termination of your access to the Boefly® Visitor Offerings will not excuse you from any criminal or other civil liability that may result from your actions.
9. Indemnification. You agree to indemnify and hold Boefly®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of any of the Boefly® Visitor Offerings; (b) your breach of the Agreement; (c) your violation of any rights of another individual and/or entity; and (d) any dispute between you and any Visitor, Registered User, Third-Party Provider or other third-party. The provisions of this Section 9 are for the benefit of Boefly®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BOEFLY® MAKES NO WARRANTY THAT THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BOEFLY® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOEFLY®, ANY REGISTERED USERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE BOEFLY® VISITOR OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOEFLY® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOEFLY® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE BOEFLY® VISITOR OFFERINGS; AND (C) ANY OTHER MATTER RELATING TO THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BOEFLY® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BOEFLY® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR BOEFLY® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOEFLY®. ACCESS TO THE BOEFLY® VISITOR OFFERINGS AND/OR ANY OTHER BOEFLY® PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS BOEFLY'S® LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Third Party Websites. The Boefly® VISITOR Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Registered Users and Third-Party Providers. In some instances, these websites are co-branded and the third parties are entitled to use Boefly's® name and logo on their third party websites. Boefly® does not control the information, products or services available on these third party websites. The inclusion of co-branding and/or links does not imply endorsement by Boefly® of the applicable website or any association with the website's operators. Because Boefly® has no control over such websites and resources, you agree that Boefly® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third-Party Providers and/or Registered Users featured on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Registered User, Third Party Provider advertiser or other third party. You further agree that Boefly® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
14. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Boefly® Visitor Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. 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 contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Boefly® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Boefly® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
15. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
16 How to 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 listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Boefly®, please feel free to contact us at (800) 277-3158 or at support@BoeFly.com.