If you do not agree with anything contained in the ToU, please do not submit.
In the ToU:
The ToU constitute a binding legal contract between you and Westbon, and are in addition to any other agreements between you and Westbon, including any borrower or investor agreement, subscription or purchase agreement, confidentiality agreement and/or any agreements that govern your use of products, services, content, tools and information available on the Website, including any loan or investment agreement. Your continued use of the Website serves as your agreement to be bound by the ToU in full.
Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with Westbon will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that Westbon and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Westbon by e-mail or other electronic communications or via the Website.
If you are submitting an application toWestbon, through this website, in order to process this application, you must agree to receive certain disclosures and documents in electronic form online. This Electronic Disclosure and Consent Agreement applies to this application and future communications we may provide to you during the process of your applying for or us servicing your account. By submitting your application, you hereby agree to receive all such disclosures and documents in electronic form or online in accordance with this document ("your Consent"). You may withdraw your Consent prior to submitting your application by exiting the application page or by closing the Website. However, you will not be able to submit your application if you withdraw your Consent by exiting the Website. In addition, because we are required to provide you with certain disclosures and documents prior to extending an offer to you, except as described below, you cannot withdraw your Consent after the submission of your application.
To access, view and retain the documents that we make available to you in electronic form, you must have the following hardware and software (we have included our recommended hardware and system requirements):
(Current - 1) or Current denotes that we support the current stable version of the browser and the version that preceded it. For example, if the current version of a browser is 24.x, we support the 24.x and 23.x versions.
You consent to receive any disclosures or documents in electronic format unless you withdraw your Consent by not submitting your application.
All disclosures or documents that we provide to you in electronic format will be provided either (i) via email, (ii) by access to a secure website which will be provided to you in an email notice we send to you when the documents are available, or (iii) by posting on a secure website that we designate for that purpose.
All documents provided in electronic or paper format from us to you will be considered "in writing." You should print a copy of the Account Documents for your records by using the "print" button in your browser or download the Account Document to your desktop.
You are required to provide us with an accurate and complete email address and other information related to your account and to maintain and update any changes to the information promptly. You can update information by logging into your account.
You may obtain paper copies of any disclosures or documents by printing them yourself from our Website, without charge. At your request, we will provide you with a paper copy of any disclosures or documents (to the extent we maintain the ability to print such paper copies) at no cost. Contact us by email on our website by clicking on "Contact Us" and list the disclosures and documents by name that you wish to have provided as copies in paper form. The email must include your name, account number and a contact number where we can reach you should we have any questions regarding your request. Your email must also include an address or fax number where you can receive the paper copies of disclosures and documents. Please allow up to 14 days to process your request.
We reserve the right, in our sole discretion, to discontinue electronic provision of documents. We will provide you with notice of any such termination or change as required by law.
You agree and we both intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this Consent to receive documents in electronic form, (ii) your Agreement, and (iii) our ability to conduct business with you by electronic means.
To facilitate electronic commerce, to preserve natural resources, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that we may in our discretion store all records electronically, and that we will not retain and have no obligation to retain any original or electronic documents for any period of time beyond the regulatory requirements. This applies to all disclosures and documents including but not limited to checks, transaction records, notes, applications, faxes, email correspondence and other loan papers. You further acknowledge and understand that we routinely destroy all original and electronic documents in accordance with our regular business practices, but not before a period of time designated by regulatory requirements.
By completing and submitting your application, you (i) confirm that you agree that you shall be bound by the laws of the State of Delaware, (ii)confirm your Consent to receive disclosures and documents in electronic format, (iii) affirmatively demonstrate your ability to access the documents in electronic form, (iv) confirm that you have provided a current email address to which we can send electronic documents, (v) acknowledge that you have accessed this Electronic Consent and Disclosure Agreement, and (vi) agree to the terms of this Consent.
Withdrawing Your Consent
You are free to withdraw your Consent at any time and at no charge to you. If at any time you wish to withdraw your Consent, you may do so by sending us your request in writing by emailing us using the "Contact Us" link on our website or calling us at (312) 983-3655. If you decide to withdraw your Consent, the legal effectiveness, validity and/or enforceability of prior electronic records will not be affected.
You give Westbon, its servicers and or agents consent to obtain information about you from a consumer reporting agency, or other means available . You agree to and authorize such a search. You understand Westbon may not fund your loan if it cannot successfully verify all of your application information.
The Website is for your own personal use only. The Website is designed for individuals contemplating entering into loans, and any person interested in learning more about Westbon, its products and services. You may only use the Website for one of these purposes.
Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any listings, descriptions, prices or any other information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between Westbon and yourself ("Permitted Use"), including any purpose competitive to Westbon or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use, or any use of data mining, spiders, bots (robots) or other tools or software or other automated or systematic data gathering and extraction tools or methods; (d) using the Website to access or collect any personally identifiable information, including account information, user names, passwords, e-mail addresses or other personal or contact information with respect to other Westbon users, borrowers or investors for any purpose, including a commercial purpose; or (e) otherwise interfering with the ordinary operation or mission of the Website or Westbon's products or services.
Your use of the Website is conditioned upon the following statements being true:
Except as explicitly permitted by the ToU, and without limiting anything else in the ToU, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content, in whole or in part, for any purpose, in any form or manner or by any means whatsoever. You also may not redeliver any of the pages, text, images or other Content or the Website using "framing" or similar technology or for any purpose, including any attempt to impersonate Westbon or any employee, representative or agent of Westbon or otherwise create the appearance or suggestion that you have a relationship to Westbon or that we have endorsed you for any purpose. Any unauthorized use of the Website or the Content or any other intellectual property contained therein is strictly prohibited.
As conditions of your use of the Website, you agree to comply with the ToU and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the ToU, you agree not to
Westbon does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to Westbon or the Website. If Westbon permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:
Westbon reserves the right to edit, restrict or remove any content you provide for any reason at any time. The information and materials made available through the Website may contain typographical errors or inaccuracies. In addition, Westbon does not control the information provided by other users that is made available through the Website. Westbon reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion. You agree that you will have no claim against Westbon or any Released Party, for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding Westbon's rights under the ToU, Westbon does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.
As a condition of your use of the Website, you are authorized to access the Website, your Westbon Account and all Westbon computer, network, software and cloud systems and applications, or other electronic transmissions, only by your Westbon Account through the human-readable functionality available to users of the Website generally. Access to the underlying systems, code (whether binary, assembly, source, object, HTML or otherwise), software, programs, applications, hardware, cloud systems or other transmissions is not authorized. You may only access the portions of the Website related to your Westbon Account, as available to you through your dedicated user name and password. Access to portions of the Website of another user (including such user's account or accounts) with which you are not affiliated under any circumstances is strictly prohibited except with the express prior written authorization of such other user. You will at all times comply with all reasonable procedures and requirements established by Westbon for verifying the authenticity of users, restricting each user's access and use to their permitted account and resources, protecting the Website from infection or attack by virus, worm, malware, spyware, Trojan horse or other malicious code, script or routine, or by hackers, crackers, robots or unauthorized users, and otherwise maintaining the security and stability of the Website.
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Westbon or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.
You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein. Subject to the terms and conditions of the ToU, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the ToU terminate or expire or your right to use or access the Website is terminated in accordance with Section 16 below ("Termination; Survival of Provisions") below. Without Westbon's prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by Westbon. You agree that you will not and will not allow others to decompile, disassemble, reverse engineer, reverse compile, reverse assemble, merge, disclose, convert or otherwise extract the underlying script or code (whether binary, assembly, source, object, HTML or otherwise) or structure or sequence of Westbon's technology, including the Content and the Website, or delete, remove, obscure or alter authorship attribution or copyright notices or information. Any commercial use or public dissemination of any information and data gathered from Westbon is strictly prohibited, including the Content and the Website, unless specifically authorized in writing. You may copy information from the Website or Content only as may be strictly necessary for your own use to view, save, print, or transmit it. Where content is specifically made available for redistribution by the express agreement of Westbon, it may only be redistributed internally within your organization. You acknowledge and agree that any violation of the above may subject you to compensatory and punitive damages, and shall specifically also entitle Westbon to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.
Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by Westbon or displayed on the Website without the written permission of Westbon (or the third party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of Westbon or any of its affiliates, directors, officers or employees.
For purposes of the ToU, the "Content" shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Westbon's loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website's likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
By submitting information or other material to us, if any, you grant Westbon a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the ToU and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.
You may from time to time provide suggestions, comments for enhancements or functionality or other feedback ("Feedback") to us with respect to the Content or the Website. You and we acknowledge and agree that any such Feedback is given voluntarily. We will endeavor to consider, and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or Westbon's loans, products and services. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
The Website is provided to you on an "as is" and "as available" basis. Your use of the Website and any material you may access, download or otherwise obtain from or through the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
WESTBON DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND WESTBON SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS OR INTERRUPTIONS THEREIN.
IN NO EVENT SHALL WESTBON HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF WESTBON (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE THAT WESTBON'S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST WESTBON, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO WESTBON FOR THE USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT.
You acknowledge that Internet software, technology, servers, hardware or transmission or network performance, defects or problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on your computer or electronic device from the Website or Westbon or any other source. With limiting the generality of the preceding paragraphs, Westbon does not warrant that the Website, any website or resource to which the Website may be linked, and the Content or other information, files or material downloaded from or available on the Website, or any linked sites, will be uninterrupted, error-free, or free of viruses, worms, malware, spyware, Trojan horses, defects or other harmful components, scripts, software, code or routines. Westbon is not liable for any damages, changes or omissions that occur during the transmission of the Content, data or other information, files and materials.
You acknowledge that, as a limited liability entity, Westbon has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives and independent contractors. You agree that you will not bring any claim personally against any affiliate or subsidiary of Westbon or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the "Released Parties") in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the ToU will protect the Released Parties as well as Westbon.
Nothing in the ToU shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
Westbon makes no representation or warranty, express or implied, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance.
The Content and the views expressed in the Content do not necessarily reflect the views of Westbon as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. No Content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial or any other advice.
Certain statements in the Website and the Content may constitute "forward-looking" statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of funds, investments, securities or loans to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as "may," "will," "expect," "believe," "plan," "expect," "anticipate," "intend" and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Website. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved. Given these uncertainties and risks, users of the Website, including any person who may or has invested in any offering made by or on behalf of Westbon or its subsidiaries or affiliates, are cautioned not to place undue reliance on such forward-looking statements.
A variety of factors could cause the actual results and developments of any fund, investment, security or loan to differ significantly from the results and developments forecasted and implied. Although forward-looking statements contained in the Website, if any, are based upon what Westbon and its advisors believe are reasonable assumptions, Westbon cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Website, and Westbon and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Website or the Content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.
To use the Website, you must complete the registration process. You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the ToU. You acknowledge and agree that Westbon, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.
Once you have registered, you will receive or will be able to create or input a user ID and password. You are responsible for maintaining the confidentiality of your user ID and password. You are solely responsible for all actions or activities that occur on the Website or any Westbon server, computer, system, hardware, network, cloud or software connected to or through the Website performed on or through your Westbon Account during any time period in which your user ID is logged in to the Website, whether or not expressly authorized by you. You agree not to disclose your password to any third party (except to any agent, representative or third-party service provider). You and we acknowledge and agree that Westbon shall have no liability to you or any other person for acts or omissions made or committed by any agent, representative or third-party service provider while such person is using your account. Unless you promptly and expressly notify Westbon in writing to the contrary (including notification of unauthorized account access or theft), you hereby represent to Westbon that any individual or entity (i) to whom you may at any time grant authorization to use your Westbon Account, or (ii) who contacts Westbon by email or otherwise and indicates that it is acting, or purports to act, on your behalf or with your authorization, has been granted validly authorization by you to access and use your Westbon Account for all purposes as to which such individual or entity uses or seeks to use you Westbon Account (including authorization to modify any loan allocation or selection strategy, if applicable).
Westbon disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other actual or suspected breach of security. Access to and use of the Website is not authorized by any other person or entity using your user ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to use the Website has previously been terminated by Westbon may not register for the Website, nor may you designate any of those individuals to use your user ID on your behalf.
If you become aware of any unauthorized use of, loss or theft of your username, password, PIN, or other account information or credentials, you should immediately inform us at firstname.lastname@example.org.
Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third parties.
Westbon disclaims all responsibility for the privacy policies and customer information practices of third-party Internet websites hyperlinked from the Website. You acknowledge and agree that Westbon is not responsible or liable for the quality, availability, continuity or non-interruption, accuracy, completeness, truth, sufficiency, nature, reliability or content of such websites or resources, any third party content or information nor the accuracy, timeliness or suitability of the information that may be linked to the Website or to a site that is linked to the Website, whether the link is provided by Westbon or by a third party, or your use of or inability to use such website. You hereby irrevocably waive all rights related to, and release the released parties from and against, any liabilities arising from or related to the contents of any third party website.
Certain portions of the Website, including information on businesses, companies or entities, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the "Third-Party Content") are the sole responsibility of the person(s) who originated such Third-Party Content and Westbon does not control such content, does not investigate or validate such Third-Party Content and is under no obligation to monitor such Third-Party Content; provided that Westbon reserves the right at all times (but will not have an obligation) to remove any Third-Party Content in its sole discretion. By using this Third-Party Content, you understand that you may be exposed to content that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Westbon makes no representations or warranties regarding the Third-Party Content and is not responsible or liable in any manner for the Third-Party Content or the conduct, whether online or offline, of any user. The Third-Party Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Third-Party Content.
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these ToU, the permissions granted to you under these ToU will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
Westbon's Right to Terminate Your Use: Westbon may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Westbon may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the ToU; (b) you have engaged in conduct which Westbon, in its sole discretion, considers to be unacceptable; (c) Westbon is required by law to do so; or (d) Westbon no longer provides the Website. The above are only examples of circumstances in which Westbon may terminate your right to use the Website and Westbon may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) General will survive any termination or expiration of the ToU for any reason.
Survival of Other Obligations: You acknowledge that any legal obligations you may have under any other agreement with Westbon (including any loan agreement or agreement governing lending or investing in Westbon or its affiliates) will not be affected in any way by the termination of the ToU and any such other agreement between you and Westbon will continue to be in effect in accordance with its terms.
You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease accessing or using the Website or any content or data contained on the Website will result in immediate and irreparable harm to Westbon for which there is no adequate monetary remedy. If you violate the ToU, Westbon will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.
Without prejudice to Westbon's other rights under the ToU, if you breach the ToU in any way, Westbon may take such action as Westbon deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.
The ToU and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the ToU, the Website or the Content, the negotiation, interpretation, validity or performance of the ToU, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.
We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of Delaware and of the United States of America located in the State of Delaware (the "Delaware Courts") for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the ToU (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the ToU, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and we each waive any objection to the laying of venue of any such litigation in the Delaware Courts and agree not to plead or claim in any Delaware Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Delaware Court. You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.
Effective Date: 10/21/2015
Last Modified: 10/21/2015