TERMS OF USE

PLEASE READ THESE TERMS OF USE AND THE NATIONAL BUSINESS SERVICES PRIVACY POLICY BEFORE USING THE WEB SITE.

The web site which is located at the domain name nationalbusinessservices.com (the “Web Site” or “Site”) is operated by National Business Services and its subsidiary companies and affiliates (“we,” “our” or “us”), including but not limited to NB Credit Services, LLC (hereinafter “National Business Services”).

This Web Site’s Terms of Use (“Agreement” or “Terms of Use”) governs your access to and use of the Web Site and apply to all services and sub-sites available under the domain name nationalbusinessservices.com, as well as all text, audio, video, images, graphics, materials, online communications and other information and content that are or become available on the Web Site (collectively, the “Information”).

By using the Web Site, you (“you” or “User”) signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the Web Site will be managed in accordance with the National Business Services Privacy Policy.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE.

Use of the Web Site.The Web Site is designed primarily to provide general information about National Business Services, its products and services, and its related companies and affiliated service providers. Any product or service described on the Web Site may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult a National Business Services sales associate or concierge. Some products and/or services may not be available in all states or provinces. Your eligibility for any particular product or service is subject to final determination by National Business Services. The Site may offer general information about the law and legal plans; but such information shall not be deemed to constitue legal advice. National Business Services is not a law firm. Use of the Site does not create an attorney-client relationship. The Site should not be used as a substitute for the advice of an attorney.

Privacy Policy. National Business Services adheres to all applicable laws regarding the privacy of information submitted by Users of this Site. To receive information about the privacy policy applicable to the Web Site, please visit our Privacy Policy. This Privacy Policy, incorporated herein by reference, explains what information National Business Services may collect or gather from you on or through the Web Site and how we will use and protect your information. National Business Services may use data collected from the site, including history data, or cookies in accordance with the Privacy Policy. Should the Web Site contain links to other web sites, National Business Services is not responsible for the privacy practices employed by other web sites. In addition, unless stated otherwise, National Business Services cannot guarantee the security of any data is submitted through the Internet, or by e-mail.

User Eligibility.The Web Site should only be accessed and used by individuals who agree to be bound by these Terms of Use and who are at least 18 years of age. The Web Site may be accessible worldwide; however, the Web Site is intended for use only in the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Web Site.

Changes to Terms of Use. National Business Services reserves the right, in its sole discretion, to revise, change, or modify these Terms of Use at any time. We will incorporate all material changes to these Terms of Use on this page. Notice of any change may be given in any manner we choose, including but not limited to posting a notice of such changes on the Web Site, and your use of the Site shall constitute acceptance of any such changes. You are responsible for keeping informed regarding the most recent version of these Terms of Use, and therefore, we encourage you to review this page periodically.

Copyright. All rights reserved. The material and images contained on the Web Site are protected by copyright and are owned by National Business Services unless otherwise indicated. No material or images from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Trademarks. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the Web Site are the property of National Business Services, its affiliates, their respective licensors or other third parties. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the Web Site, without the written permission of National Business Services or the applicable third party that may own the marks or names displayed on the Web Site. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the Web Site, or any other content or Information on the Web Site, except as provided herein, is strictly prohibited.

Ownership and License. The Web Site and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Web Site are owned by National Business Services, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark and other laws of the United States and other countries and international treaty provisions. We grant to you a limited, non-exclusive, non-transferable license to use the Web Site in strict accordance with these Terms of Use and the instructions provided by us on the Web Site. The materials provided on the Web Site, including, without limitation, the Information, computer code, and related functionality, are for your personal, private and non-commercial use only. Except as may be explicitly permitted through the Web Site, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Web Site, including anything you download from the Web Site, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to National Business Services and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the Web Site, or any content or Information. Any unauthorized use of the Web Site or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Restrictions on Use. As a condition of your use of the Web Site, you warrant to National Business Services you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Web Site in any way that could damage, disable, overburden or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You shall not engage in any activities harmful to the Web Site or National Business Services. Without limitation, you shall not: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the Web Site; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the Web Site; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Web Site or any content or Information of the Web Site; Modify the Information, content, programs or other materials on the Web Site or hack into or access the National Business Services servers or Web Site in an unauthorized manner; Frame or mirror any part of the Web Site, without the express permission of National Business Services; Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Web Site; Upload or input to the Web Site any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the Web Site; Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You agree that your use of the Web Site may be suspended or terminated immediately upon receipt of any notice from us that alleges that you have used the Web Site in violation of these Terms of Use and/or for any purpose that violates any local, state, federal or law of the USA or other jurisdictions, including, but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including, hacking or other criminal regulations.

You understand that actions in violation of these Terms of Use may subject you to serious civil liability and criminal penalties, and National Business Services reserves all rights available under applicable law.

Trademarks / Third Party Content. National Business Services may display and distribute content and Information supplied by third parties on the Web Site. National Business Services does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statements, services, offers or other content or Information expressed or made available by third parties, including, without limitation, service providers or any other user of the Web Site, are those of the respective author(s) or distributor, and not National Business Services.

Passwords and Security. Certain aspects of the Web Site may require registration. You agree that if you are issued a username and password in connection with access to the Web Site, you are responsible for keeping such information secret and strictly confidential. You accept sole responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial and contractual obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise have been misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

External Links. The Web Site may provide links to other web sites or resources which are not maintained or controlled by National Business Services (collectively “Linked Sites”). National Business Services is neither responsible for, nor aware of, the content of those Linked Sites. The inclusion of any hyperlinks to Linked Sites does not imply approval of or endorsement by National Business Services of those Linked Sites, or content, products and services offered on those Linked Sites. National Business Services expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information and/or the quality of the goods or services provided by or advertised on any Linked Sites, and in no event shall National Business Services be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites. Any concerns regarding any Linked Sites should be directed to that respective web site, rather than to National Business Services or the Web Site. You are cautioned to read the terms of use and privacy polices provided on any Linked Site before using the Linked Site.

Disclaimer of Warranties. NATIONAL BUSINESS SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE. ALL INFORMATION AND USE OF THE WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NATIONAL BUSINESS SERVICES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NATIONAL BUSINESS SERVICES DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. SHOULD USER PURCHASE A NATIONAL BUSINESS SERVICES PRODUCT/SERVICE FROM NATIONAL BUSINESS SERVICES OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL NATIONAL BUSINESS SERVICES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NATIONAL BUSINESS SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NATIONAL BUSINESS SERVICES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

Indemnification. You agree to defend, indemnify and hold harmless National Business Services, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Web Site, any breach by you of these Terms of Use, your negligent or intentional acts, your errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the Web Site.

Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those National Business Services has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of National Business Services. None of the Submissions shall be subject to any obligation of confidentiality on the part of National Business Services or its affiliates, and neither National Business Services nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, National Business Services shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.

Changes to Web Sites. National Business Services shall have the right at any time to change or discontinue any aspect or feature of the Web Site, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Web Site or any portion of the Web Site.

Termination. We reserve the right to terminate a User’s use of the Web Site at any time without notice if, in National Business Services’ sole discretion, the User breaches any term or provision of these Terms of Use or fails to comply with any instructions posted on the Web Site.

Monitoring. Content posted by Users of the Web Site is not necessarily pre-screened or monitored. National Business Services and its agents and representatives have the right, at their sole discretion, but no obligation, to monitor the use and content of the Web Site and reserve the right to edit, refuse to post or remove any content or Information that, in National Business Services’ sole judgment, does not comply with these Terms of Use or is otherwise objectionable.

Software License(s). Any software that is made available to download from the Web Site (“Software”) is owned or licensed by National Business Services and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software shall be governed by the terms of the applicable license agreement that may be included with the Software or required prior to downloading the Software (the “License Agreement”). All Software is made available for downloading solely for use in accordance with the applicable License Agreement and other applicable laws. Any reproduction or redistribution of the Software not in accordance with the applicable License Agreement is expressly prohibited and may result in civil and criminal penalties.

Without limiting the foregoing, copying or reproduction of Software to any other server or location for further reproduction is expressly prohibited. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT FOR THAT SOFTWARE, NATIONAL BUSINESS SERVICES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. You acknowledge that any Software available or provided to you on the Web Site may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. National Business Services does not authorize the downloading or exportation of any software or technical data from the Web Site to any jurisdiction prohibited by the United States export control laws and regulations.

Choice of Law and Forum. The Web Site is controlled by National Business Services from its offices within the State of New York in the USA. These Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of the Web Site will be governed by and construed in accordance with the statutes and laws of the State of New York, without regard to its conflicts of laws principles. Any claim or dispute related to these Terms of Use or your use of the Web Site shall be subject to the sole and exclusive of the federal and state courts in Suffolk County, New York, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.

Miscellaneous. Any failure on the part of National Business Services to enforce any provision of these Terms of Use will not be considered a waiver of its right to enforce such provision. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision.