Terms And Conditions
Last Modified: May 10, 2022
The use of this website and services on this website provided by Nobility Settlement Funding, LLC (hereinafter referred to as “Company”) are subject to the following Terms and Conditions (the “Terms of Use”), all parts and sub-parts of which are specifically incorporated by reference herein. This Terms of Use shall govern the use of all pages on this website, www.nobilitysettlementfunding.com (the “Website”), and any services provided by or on this Website (the “Services”).
1. DEFINITIONS
Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Nobility, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company
You, the User: You, as the user of the Website, will be referred to throughout this Terms of Use, with second-person pronouns such as You, Your, Yours, or as a User.
Parties: Collectively, the parties to this Terms of Use (the Company and You) will be referred to as Parties.
2. ASSENT AND ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Terms and Use and that you accept and agree to be bound by it. If you do not want to agree to be bound by the Terms of Use, you must immediately leave the Website and not access or use the Website. The Company only agrees to provide use of this Website and Services to you if you assent to the Terms of Use.
3. AGE RESTRICTION
You must be eighteen (18) years of age or older to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. The Company assumes no responsibility or liability for any misrepresentation of your age.
4. MODIFICATIONS AND REVISIONS TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in sub-part Jurisdiction, Venue and Choice of Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
5. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to the Company through the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
6. INTELLECTUAL PROPERTY RIGHTS
You agree that the Website and all Services provided by the Company are property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
In order to make the Website and Services available to you, you hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
7. TRADEMARKS
The Company name, the Company logo, and all related names, logos, product and service names, designs, slogans and any other marks are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
8. PROHIBITED USES
This Website may only be used for lawful purposes. As a condition to your use of this Website, you agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under the Terms of Use. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
Your further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To infringe upon or violate any intellectual property rights of the Company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To interfere with or circumvent the security features of the Website and Services, and related websites;
To perpetrate any fraud;
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
To publish or distribute nay obscene or defamatory material;
To unlawfully gather information about others;
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
In any way that may be deemed a breach or violation of any of our Terms of Use or Privacy Policy.
9. TERMINATION
We reserve the right, without notice, and in our sole discretion, to terminate this Terms and Use with you, including but not limited to terminating your use of this Website.
The Company specifically reserves the right to terminate this Agreement and your use of this Website if you violate any of the terms outlined herein, including but not limited to, violating the intellectual property rights of the Company of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. The Company specifically reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
10. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
11. CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may not create a link to any page of the Website or Services without our express prior written consent. Once you obtain our prior written consent, you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.
If you do create a link to a page of our Website or Services, you do so at your own risk and the exclusions and limitations set out throughout this Terms of Use will apply to your use of our Website and Services by linking to it.
This Website may provide certain social media features that enable you to send emails or other communications with certain content, or links to certain content, on this Website and/or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
14. LINKS TO THIRD PARTY WEBSITES
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. DISCLAIMER OF WARRANTIES
You agree that your use of the Website and Services at your sole and exclusive risk and that any provided by us are on an “AS IS” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet your need or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and the Company is not liable for any such damage or loss.
17. LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
19. GENERAL PROVISIONS
LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
JURISDICTION, VENUE AND CHOICE OF LAW: Through your use of the Website or Services, you agree that the laws of the State of Florida shall govern any matter or dispute related to or arising our of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Use is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Palm Beach County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum of non convenient or similar doctrine.
ARBITRATION: In case of a dispute between the Parties relating to arising our of these Terms of Use, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Palm Beach County, Florida. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms of Use, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal laws as well as the laws of the State of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and State law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of these Terms of Use, waive any rights they may have to a jury trial in regard to arbitral claims.
LIMITATION ON TIME TO FILE CLAIMS: Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
SEVERABILITY: If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use shall continue in full force and effect.
NO WAIVER: In the event that we fail to enforce any provision of these Terms of Use, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Use will not constitute a waiver of any other part or sub-part
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Use are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Use.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Use. No Party has any authorirty to bind the other to third parties.
20. ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between the Parties with respect to any and all use of this Website. This Terms of Use supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
YOUR COMMENTS AND CONCERNS
This website is operated by Nobility Settlement Funding, LLC.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@nobilitysettlementfunding.com.