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Terms of Use

Nations Lending Terms of Use

YOU MUST READ AND AGREE TO THESE TERMS OF USE BEFORE ACCESSING OR USING THIS WEBSITE.

Nations Lending and its affiliates (collectively, “NLC” or “we”) operates nationslending.com and any affiliated websites (collectively, the “Website”) in order to provide certain event-specific services to its registered users (the “Services”). By accessing or using the Website you explicitly agree to comply with, and be bound by, the following terms and conditions of use (the “Terms of Use”). You may use the Services only if you can execute a binding contract with Nations Lending. If you are agreeing to these Terms of Use or otherwise using the Services on behalf of a company, organization, event, group, or other legal entity, you represent and warrant that you are authorized and have the power to do so. We may change or modify these Terms of Use at any time upon providing notice to you, which may take the form of posting a notice on the Website and/or sending a notice to your email address or mobile phone number on file. By using this website after any change to the Terms of Use, it is presumed that you have read and agree to the revised Terms of Use. Your acceptance of these Terms of Use is an electronically binding agreement between you and Nations Lending. If you do not accept these Terms of Use, please do not register for or participate in using the Services offered by and through Nations Lending or the Website.

1. Services

Nations Lending offers an online tool to coordinate and manage large-scale events on an event-specific or group-specific basis. Users must register in order to participate in specific events or groups. The Services include the Website, which may be located on third party servers or incorporating parts of third party websites and third party mobile applications, and which may interact with or incorporate other third-party services. Nations Lending is not legally responsible for, and does not warrant, represent or guarantee any websites, services, information or anything else provided by third parties. The Services may include advertisements, which may be targeted or general, and other information. The types and extent of advertising by Nations Lending are subject to change at any time. In consideration for granting you access to and use of the Services, you agree that Nations Lending and its third party service providers and advertisers may place such advertising on the Services or in connection with the display of certain information on the Website.

2. User Content; Use of the Service; User Conduct

Nations Lending does not own any of the text, files, documents, photos, videos, maps, applications or other works of authorship that you submit or post to the Website (“Content”) unless we specifically tell you otherwise before you submit it. You license the Content to Nations Lending as set forth below for the purposes of displaying and distributing that Content on or in connection with the Services and for the promotion and marketing of Nations Lending. By submitting Content in connection with using the Services, you automatically grant, or warrant that the owner of that Content has expressly granted, to Nations Lending the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. This license includes, without limitation, the right of Nations Lending to make Content submitted via the Services available to other entities or individuals who are service providers to or advertisers on Nations Lending. Nations Lending generally does not pre-screen Content, but Nations Lending and its designees and service providers have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is on the Website. Without limiting the foregoing, Nations Lending and its designees and service providers have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. Your use of or reliance on any Content of other users is at your own risk.

You (and not Nations Lending) shall be entirely responsible for your use of the Services and all Content that you upload, post, email or otherwise transmit using the Website or the Services. Nations Lending does not warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that could be offensive, harmful, misleading, deceptive or otherwise inappropriate or inaccurate. Under no circumstances will Nations Lending be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

You may use the Services only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. You may not use the Website or Services to:

1. Upload, post, email or otherwise transmit any Content that, under the circumstances in Nations Lendings’ judgment is, or is likely to be perceived by an intended recipient or target as, unlawful, harmful, threatening, violent, abusive, harassing, “stalking,” tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2. Use the Services to track another user for any reason not related to a registered event;

3. Impersonate any other person or entity in a manner that can mislead, confuse, or deceive other users, or otherwise misrepresent your affiliation with a person, educational institution or other entity;

4. Organize an event that is illegal, or causes any injury or damage to persons or property;

5. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships, or that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any person or entity;

6. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any person, or spam several email lists with the same message;

7. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. Interfere with or disrupt use or enjoyment of the Website or any Services or servers or networks connected to the Website or the Internet, or disobey any requirements, procedures, policies or regulations of those networks;

9. Circumvent or modify (or helping any other person to circumvent or modify) any security or use restrictions of the Website or Services; or

10. Otherwise use the Website or Services in a manner inconsistent with or contrary to any and all applicable laws, rules and regulations.

Violating any of the above restrictions regarding Content may result in your Content being deleted, your suspension or termination from using the Services, and your indemnifying Nations Lending for any damages as set forth in the Indemnity section below.

3. No Use By Children

The Website and Services available herein are only available to persons 13 years of age and older. Children under the age of 13 are strictly prohibited from using this Website and the Services hereon.

4. Termination; Discontinuance; Modification

You acknowledge and agree that Nations Lending has the right at any time and in such frequency as it determines to modify, discontinue, or terminate the Services, in whole or part, with or without notice to you. You further acknowledge and agree that Nations Lending shall not be liable to you or any third party for any such modification, discontinuance, or termination of the Services for any reason.

Under some circumstances, Nations Lending reserves the right to terminate your access to the Services, in whole or in part, immediately and without notice to you. Reasons for such a termination include, without limitation, (i) your breach of the Terms of Use or other agreements and/or guidelines incorporated herein by reference, (ii) engagement by you in conduct that is deemed by Nations Lending, in its sole and exclusive judgment, to be fraudulent or constituting an illegal act, (iii) a request made by you (self-selected termination); (iv) termination, discontinuance, or material modification of the Services or a portion thereof by Nations Lending; (v) technical or security problems or issues; (vi) failure by you to timely pay any fees, charges, or other monies due Nations Lending or its service providers; (vii) violation of any agreement entered into in connection with your use of the Services; and (viii) if you are a child aged 13 years or younger. Any termination by Nations Lending of your account and/or access to the Services may include, without limitation (i) removal of access to any and all offerings comprising the Services, (ii) deletion of your account and user name, including all historical data, if any, and (iii) a prohibition against your ability to use the Services at any time in the future. You acknowledge and agree that any termination for cause is in Nations Lendings’ sole and exclusive discretion and that any termination of your access to the Services and/or your account shall not cause Nations Lending to be liable to you or any third party for any reason.

5. Copyright; License; Information

All materials on the Website, including but not limited to the design, text, search results, graphics, pictures, maps and other files, any software used to operate the Website, and the selection, arrangement and compilation of information (collectively, the “Materials”) but excluding the Content submitted by you or other users, are copyrighted by and/or proprietary to Nations Lending and/or its licensors, ALL RIGHTS RESERVED. By accessing or using the Website, you are hereby granted a limited, non-assignable, non-sublicensable, and nonexclusive license to access and use this Website and Services therein for your personal use only. You may not reproduce or republish the Materials in any way without our express written permission. We expressly reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Materials and/or to prevent or block you from future access or use of the Materials related thereto.

6. Privacy

Any information that you upload to the Service or otherwise provide to Nations Lending is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, storage, processing and other use of this information, which may occur anywhere in the world. Nations Lending may retain and use all information you provide, including but not limited to your location(s), demographics and contact and billing information, and will do so in accordance with its Privacy Policy. You agree that Nations Lending may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Services, including to third parties that reside in jurisdictions with less restrictive data laws than your own.

7. Links to and Use of Other Websites

The Services include links to, or incorporates certain portions or content of, websites of third parties, such as Google® Maps. Such third-party websites are NOT under the control of Nations Lending. Nations Lending provides these links and other third-party content to you only as a convenience, and the inclusion or availability of any third party website or its content through or on the Website is in no way intended to be or imply an affiliation, endorsement, approval of, adoption or otherwise by Nations Lending. Nations Lending is not responsible or liable for any content or otherwise of any third party website made available through or on the Website. It is solely your responsibility to make the necessary investigations you deem appropriate before proceeding with any transaction with any third party. Upon leaving the Website, these Terms of Use no longer govern the new website that you may be visiting. It is solely your responsibility to locate and review all applicable terms and conditions and privacy policies therein.

8. Disclaimer of Liability for Third Party Content or Actions

Nations Lending may republish (but is not the author of) content supplied by third parties or other users of the Website. Any and all opinions, advice, statements, services, offers or other information expressed or made available by third parties are those solely of the respective author(s) or distributor(s), not Nations Lending. Nations Lending does not endorse or approve, nor are we responsible for the accuracy, reliability or currency of any opinion, advice, statement or otherwise made by any third party or on any third party website.

If you should have a dispute with a third party, Nations Lending is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.

Nations Lending disclaims all legal responsibility in law and equity for ANY INJURIES OR DAMAGES RESULTing from your participation in any event or group.

9. Limited Warranties and Disclaimers

THE WEBSITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE MATERIALS AND/OR THE SERVICES AND THE INFORMATION FOUND THEREON IS AT YOUR SOLE RISK. NATIONS LENDING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO ANY MATERIALS, INFORMATION OR OTHERWISE THROUGH THE SERVICES. NATIONS LENDING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE THROUGH THE SERVICES ARE ACCURATE, COMPLETE OR ERROR-FREE. NATIONS LENDING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO INFORMATION, TEXT OR OTHERWISE.

NATIONS LENDING AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, PARENTS AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR, AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES AND ANY MATERIALS ACCESSED, VIA DOWNLOAD OR OTHERWISE, FROM THE SITE OR OTHERWISE FROM THE SERVICES.

ANY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION, RECORDS, MAPS, REPORTS, AND RESEARCH, ACCESSED, VIA DOWNLOAD OR OTHERWISE, THROUGH THE SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.

NATIONS LENDING AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS AND (iii) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONS LENDING, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE WEBSITE, OR ANY CONTENT, MATERIALS OR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NATIONS LENDING AND ITS SERVICE PROVIDERS TO YOU EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS (US$50.00) OR THE AMOUNT YOU PAID NATIONS LENDING FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT NATIONS LENDING OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF WHETHER ANY OTHER REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING THE FOREGOING, SOME OF THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW IT.

11. Indemnification

You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless Nations Lending and its officers, employees, agents, affiliates, partners, licensors, service providers, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, and damages or injuries occurring at an event you helped organize or attended, your violations of the Terms of Use, any Content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another. You agree to be responsible for and pay any royalties or other fees due to any person by reason of any Content you post or submit to the Website or Services. 12. Choice of Law; Mandatory Arbitration; Waiver; Claims

These Terms of Use shall be governed by the laws of the State of Ohio without regard to conflicts of law PROVISIONS, REGARDLESS OF WHERE YOU LIVE. Nations Lendings’ failure to exercise or enforce any right or provision under these Terms of Use shall not be deemed a waiver of any future right or provision. If any provision or right contained in these Terms of Use is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms of Use and the remainder of these Terms of Use shall continue to be binding upon you to the maximum extent allowed by law.

Any and all claims or controversies arising out of or related to these Terms of Use will be settled in binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other claim or controversy of any other party. Such arbitration shall be conducted EXCLUSIVELY in Columbus, Ohio and any judgment rendered may be entered into any court having jurisdiction thereof. Either you or Nations Lending may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio as may be necessary to protect the rights or property of you or Nations Lending.

With respect to any litigation based on, arising out of, or in connection with the use of the Website, the Services or the Materials, the parties hereby expressly submit to the exclusive personal jurisdiction of the State of Ohio courts located in Franklin County, or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.

Regardless of any statute, law, regulation or otherwise to the contrary, any claim or controversy arising out of or related to the use of the Services or Website must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall result in such claim being forever barred.

13. Trademarks and Service Marks

Nations Lending and any and all of our logos related thereto are either trademarks or service marks of Nations Lending. Any and all logos of third parties that may be on or available through the Website are the trademarks or service marks of the respective third parties. Any such trademarks or service marks of Nations Lending or third parties shall not be copied, imitated or used in whole or in part without prior written consent of the trademark owner. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Nations Lending or a third party and you shall not copy, imitate or use the same in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Website does not constitute or imply any endorsement, sponsorship, recommendation, approval or otherwise by or of Nations Lending.

14. Copyright Infringement Issues

Nations Lending respects the intellectual property of others, and we require that you and all of our other users to do the same. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide Nations Lendings’ Designated Agent, Bricker & Eckler LLP, the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) a description of the copyrighted work that you claim has been infringed, including any copyright registration numbers;

(c) a description of where the material that you claim is infringing is located on the Site;

(d) your full name, address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Nations Lendings’ Designated Agent for notice of claims of copyright infringement on the Service is Bricker & Eckler LLP who can be reached as follows:

By mail: Nations Lending Copyright Agent

Bricker & Eckler LLP

100 S. Third Street

Columbus, OH 43215

By email: copyright@bricker.com

15. Miscellaneous

ENTIRE AGREEMENT. These Terms of Use and the Privacy Policy constitutes the entire agreement between the parties in respect of the Services. Any modifications to these Terms of Use must be: (i) made in a writing executed by both parties; or (ii) by your online acceptance of revised Terms of Use evidenced by your continued use of the Website and/or the Services after Nations Lending has posted such revised Terms of Use on the Website or otherwise notified you of such modifications. Nations Lending shall attempt to notify you if it revises the Terms of Use, such as by emailing you at the address registered with your account and/or posting a notice on the Website.

SUCCESSORS AND ASSIGNS. You may not assign any of your rights or responsibilities hereunder without first receiving the prior written consent of Nations Lending. Nations Lending may assign these Terms of Use to any successor or to any purchaser of all or substantially all of Nations Lendings’ assets.

HEADINGS. The section headings contained in these Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of these Terms of Use.Last Updated: July 7, 2014

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