By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site, ERC Funding LLC (“Company”), reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE OVER 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
DATA PROTECTION
Company’s current Privacy Notice is located at https://www.ercfunding.us/privacy and is incorporated into these Terms of Use. If you reside in the European Union or the General Data Protection Regulation (GDPR) otherwise applies to you, then any GDPR-related provisions in the Privacy Notice takes precedent over, and governs, any conflicting terms or provisions contained in these Terms of Use.
LICENSE TO USE THIS SITE
Upon your agreement, Company hereby grants you anon-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. You further agree not to harvest or collect information about other users including their names, email addresses or other information disclosed in their public profile or on this site without their written consent. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
Our Site contains links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We encourage you to carefully review the terms of use of each site you choose to access from our Site.
USER’S LICENSE GRANT TO SITE
Except with regard to personal information and in accordance with the GDPR and other applicable data protections laws, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Except as it relates to content governed by the GDPR and other data protection laws addressing an individual’s rights to his/her personal data, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
1. Copyright
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Company’s prior written permission.
2. Trademark
ERC Funding LLC’s name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of ERC Funding LLC. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third-party sites through links or frames from this site. The Company’s Privacy Notice does not cover the information practices of those websites nor do we control their content or data protection policies. You are encouraged to read their Terms and Conditions and/or their privacy and data protection related policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third-party sites and your usage of them.
DISCLAIMER OF WARRANTIES
The Company, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “as is” without a warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected[1]; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
[1] No provision in this paragraph alters an individual’s right to request ERC Funding LLC to correct any personal data if it is inaccurate or out of date, or ERC Funding LLC’s obligation to respond to such a request, in accordance with Article 16 of the GDPR or the California Consumer Privacy Act (“CCPA”), if applicable.
LIMITATION OF LIABILITY
Under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
INDEMNIFICATION
In accordance with applicable law, you agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. To the extent permitted by applicable law, the Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
[1] No provision in this paragraph alters an individual’s right to request ERC Funding LLC to correct any personal data if it is inaccurate or out of date, or ERC Funding LLC’s obligation to respond to such a request, in accordance with Article 16 of the GDPR or the California Consumer Privacy Act (“CCPA”), if applicable.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, or federal law or the laws of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may violate applicable data protection laws including the GDPR, that maybe obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, and in accordance with applicable data protection laws including the GDPR, Company may disclose the User’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the United States Virgin Islands. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the US Virgin Islands, by accessing this site, both you and the Company agree that the statutes and laws of the US Virgin Islands shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of St Thomas, US Virgin Islands, and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
If you reside in the European Union or the GDPR otherwise applies to you, the preceding paragraph shall not apply to any claims, complaints or issues governed by the GDPR. Under those circumstances, the applicable law and choice of forum will be decided in accordance with the GDPR.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
