iNoteExchange.com WebSite Terms and Conditions

By using the iNoteExchange.com WebSite, you agree to accept the Terms and Conditions described below. By clicking on the [ACCEPT] button and completing the Registration Process, you are stating that you are of the age of consent in the jurisdiction in which you reside and that you agree to be bound by all of the terms and conditions of the iNoteExchange.com Note Service outlined. This Service is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained within the INE Service. . We reserve the right to modify or make changes to the terms of usage, pricing, programs and the contents of the website without notice, so you are advised and cautioned to review the terms and conditions regularly.  Each time you use this website you agree to and accept the current terms and conditions.

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY. To open an account, you must accept the Terms and Conditions and, then, complete the Registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You’ll choose an account name and password and will be responsible for maintaining the confidentiality of your account name and password. You are wholly responsible for use of this site by any person using your terminal or point of presence and you must ensure that any such person fully complies with these terms. You must notify International Note Exchange immediately of any unauthorized use of your account or any other breach of security.

2. DESCRIPTION OF SERVICE: The iNoteExchange.com Service is described in detail within this WebSite.

3. USER PRIVACY: INE will respect the privacy of the information you provide and will not disclose any personal information about you or the Service, including its contents, without your prior permission unless INE has a good faith belief that such action is necessary to: (1) conform to legal requirements, regulations, or comply with legal or governmental process: (2) protect and defend the rights or property contained within this Service; or (3) enforce this Agreement.You agree that International Note Exchange may access your account, including its contents, to respond to service or technical issues. All personal information obtained by INE is treated as private and confidential.  The information available to users of this website is limited in scope and is intended only for the legitimate business use of INE's clients.  INE will not intentionally violate any right of privacy nor make such information available to third parties for solicitation by those third parties. 

4. USER CONDUCT: As a condition of your use of this Service, you warrant to International Note Exchange that you will not use this Service for any purpose that is unlawful or prohibited by these terms, conditions and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

5. AUTHORIZED USE ONLY AND DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY: International Note Exchange, LLC (“INE”) is a North Carolina Limited Liability Company that facilitates the sale of non-SEC regulated Notes. INE does not provide services in the states of Indiana, Utah, South Dakota and Maine or any other states that prohibit the sale of Non-SEC regulated Notes. The information contained in this server is not intended as an offer or solicitation of such services to customers in any state in which the offering, solicitation, or providing of such services is prohibited by federal law or the laws of the state of the customer’s residence. As used below, “you” refers to the user of this website, whether or not a customer of INE. “We” refers to INE.

All information on this server is protected by a compilation copyright in the United States of America and in other countries. In addition, certain other information is copyrighted by others. The entire content of this website is and shall remain the intellectual property of INE or any affiliated or related entity.  As such, it is protected by State, Federal and International copyright and other applicable laws.  Such intellectual property rights include any proprietary software used on this website. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on the INE system. 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. 

INE does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. INE does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that INE shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that INE is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that INE is not responsible for any content sent using and/or included in the Service by any third party.

INE and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Service for any purpose. This Service is provided “AS IS” without warranty of any kind, either express or implied, and all warranties are disclaimed, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall INE and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this service or related WebSites, with the delay or inability to use the Service or related WebSites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or othersies arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise.

By using this WebSite, in addition to any other waivers or releases made by a user of this WebSite, you expressly covenant, promise, acknowledge and agree that INE, its agents, employees, representative, members, managers, attorneys or any other affiliated person or entity shall not be liable for any damages of any kind and nature, including but not limited to consequential, compensatory, special and punitive damages. This express covenant shall also extend to any equitable claims of any nature, including, but not limited to contributory liability, comparative liability, contribution 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 INE and its affiliates harmless. References to corporations, their services and products, are provided “AS IS” without warranty of any kind, either express or implied. In no event shall INE be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.

Descriptions of, or references to, products, services or publications within INE’s web server do not imply endorsement or sponsorship of those products, services or publications. INE makes no warranty of any kind with respect to the subject matter included herein or the products listed herein. INE does not guarantee the accuracy or completeness of information on or available through its website and is not responsible for actions taken in reliance on that information. INE undertakes no obligation to update the previously mentioned information on or available through its website. By using this website, a user expressly agrees that jurisdiction and venue for any action involving or against INE shall be in Mecklenburg County, North Carolina, 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.

6. INDEMNIFICATION. You agree to indemnify and hold INE, its parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

7. TERMINATION. INE may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. INE may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by INE. The amount of time that INE currently views as an “extended” period of time is a first log-on to e-mail 10 days or later after registration and after an initial e-mail log-on, 90 days since your last e-mail log-on. Upon termination of the Sevice, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. INE shall have no obligation to maintain any content in your account or to forward any unread messages to you or any third party.

8. PROPRIETARY RIGHTS TO CONTENT. You acknowledge that content of material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service or it’s advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make copy of this content for your personal non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

9. MODIFICATIONS TO TERMS OF SERVICE, USER POLICIES. INE reserves the right to change the Terms and Conditions or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms and Conditions on this WebSite. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

10. GENERAL. This agreement is governed by the laws of the State of North Carolina. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, indluding without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and INE as a result of this agreement or use of the Service. INE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of INE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by INE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the orginal provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and INE with respect to the Service and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and INE with respect to the Service.

Strictly a Facilitator of Note Sales, INE does not take part in the negotiations of a Note sale. INE does not take ownership of Notes, does not fractionalize Notes, does not provide specific investment advice on Notes or assist in the analysis of the investment value of buying Notes. The role of INE is simply that of a match-maker for Seller and Buyer. INE must remain at arms-length from both parties in the transaction. INE does not provide detailed information on Notes. Specific information on the Note of interest is shared directly between Seller and Buyer and does not pass through INE. Only Notes collateralized by commercial real estate are listed and sold through the INE website at this time. No residential Notes will be listed or sold.

11. TRADEMARKS. International Note Exchange, LLC and iNoteExchange.com and other services referenced herein are either trademarks or registered trademarks of International Note Exchange, LLC.

BY COMPLETING THE REGISTRATION PROCESS, CLICKING THE “ACCEPT” BUTTON, AND USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INE IS UNWILLING TO PROVIDE THE SERVICE TO YOU, AND YOU SHOULD NOT CLICK THE “ACCEPT” BUTTON, AND SHOULD INSTEAD CLICK ON THE “DECLINE” BUTTON TO EXIT THIS AGREEMENT WITHOUT ACCEPTING. YOU SHOULD PRINT AND KEEP A COPY OF THIS AGREEMENT.

Copyright © 2011 by International Note Exchange, LLC