Weemba

GENERAL TERMS OF USE

EFFECTIVE DATE: July 31, 2011

PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. YOU AGREE TO COMPLY WITH THESE TERMS OF USE BY YOUR USE OF THE WEBSITE.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN FEDERAL AND/OR STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY YOUR USE OF THE WEBSITE.

PRELIMINARY REMARKS REGARDING TERMS OF USE
These general terms and conditions of use (the “Terms of Use”) of the website hosted at www.weemba.com (together with our blog, blog.weemba.com, the “Website”) govern your use of the Website owned and/or operated by Weemba USA, Inc. (“Weemba”, “we” or “us”) and all products, services and features of the Website that we may make available from time to time (collectively, “Services”). Each time you (hereinafter “you” or a “User”) use and/or log onto the Website for any length of time, you acknowledge and we assume that you have read and agree to be bound by the Terms of Use then in effect, which include the Privacy Policy, the Forum Rules, and any other information incorporated by reference, and, in the case of Lenders and Borrowers (both terms as defined below), also by the Lender and Borrower Terms of Use. Use of the Website that does not comply with the Terms of Use then in effect is an unauthorized use of the Website.

No Legal Right to Use the Website. You may use the Website only at Weemba’s sole discretion, and only subject to such terms and conditions as Weemba may impose at any time in its sole discretion. Weemba may, at any time and without prior notice, deny you access to the Website, with or without cause, and may similarly at any time, without prior notice, delete any post, model, comment or entry, or any portion of the same, on the Website.

Amendment of Terms of Use and/or Website. Weemba reserves the right to amend these Terms of Use at any time and will notify you of any such changes by posting the revised Terms of Use on the Website. All changes shall be effective upon posting. It is your responsibility as a User to keep informed of such changes. Your continued use of the Website after any change to these Terms of Use constitutes your agreement to be bound by any such changes. Weemba may terminate, suspend, change, or restrict access to all or any part of the Website without notice or liability.

Informational Materials. We suggest reading the articles and viewing the video tutorials posted on the Weemba Website. For any questions about Weemba or how the Website operates, contact support@weemba.com or use our public, interactive communication platform (the “Forum”) to post questions.

CONDITIONS OF USE OF THE WEBSITE
To be a Borrower or a Legal Representative (as defined in the Lender and Borrower Terms of Use), you must be at least eighteen (18) years of age, live in the United States and have a valid social security number. Weemba assumes no responsibility regarding use of the Website by any User, including underage people or people who are otherwise legally incompetent to view or interact on the Website for any reason. You agree to use the Website only for lawful purposes. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. You agree that all information you post on the Website or submit to Weemba, online or otherwise, will be truthful, accurate and complete, and that you will not knowingly submit false information on or through the Website. You agree to follow the instructions provided on the interactive web pages on the Website. Your correspondence or business dealings with any third parties as a result of your use of the Website, including, but not limited to, business dealings with Lenders, are solely between you and such third parties, and Weemba is not a party to, or in any way responsible for, the same.

PROHIBITED CONDUCT
In addition to complying with other prohibitions set forth in these Terms of Use, you must not:

• use the Website in any manner that would constitute a violation of any applicable law, regulation, rule, ordinance or treaty, or that could give rise to any civil or criminal liability to yourself, Weemba, or any third party;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or any Private Information (as defined in the Lender and Borrower Terms of Use );
• use the Website to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Weemba member or other third party;
• post, access, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Website or on any other website, or in any email, blog, forum, medium or other communication of any kind, any Private Information (as hereinafter defined) or personally identifiable information accessed via the Website, of any Weemba member or other third party other than yourself, including, without limitation, names, addresses, phone numbers, email addresses, social security numbers, driver’s license numbers, or bank account or credit card numbers, except for express authorization from a Borrower pursuant to an Authorization Request (as defined in the Lender and Borrower Terms of Use) granted by the Borrower to a Lender, or as expressly permitted in the Borrower and Lender Terms of Use;
• upload, post, transmit, share, store or otherwise make available any graphics, texts, images, photographs, illustrations, facts, information, services, audio and/or video projections thereon or other information in the use of the Website that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, libelous, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, in the sole judgment of Weemba;
• upload, post, transmit, share or otherwise make available any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another user of the Website;
• compromise or attempt to compromise the security of the Website, or directly or indirectly interfere or attempt to interfere with the proper working of the Website or any communication or transaction being conducted on the Website;
• take any action which imposes an unreasonable or disproportionately large load on our infrastructure;
• use any robot, spider, other automatic device, or manual process to monitor or copy our web pages without our prior expressed written permission; or
• infringe upon the intellectual property or other rights of another.

DESCRIPTION OF WEEMBA WEBSITE MODEL
Description of Website. The Website is a simple, user-friendly platform that gives Borrowers the opportunity to connect with Lenders and includes certain characteristics of a social network, open to the participation of individuals, companies and Lenders. On the Website, potential borrowers in need of loans or other financial products or services (collectively, the “Borrowers”), or learning or sharing their knowledge about consumer and business finance can be connected online to companies, banks and other entities that routinely lend money in their normal course of business (collectively, the “Lenders” or “Lenders”).

What Weemba Does Not Do. Weemba does not take loan applications, pre-qualify Borrowers, negotiate loan terms, act as a loan broker, originator or finder, arrange loans for any Borrower or Lender, issue loan commitments or interest rate lock-in agreements, perform any loan underwriting or make any credit decisions of any kind, nor extend credit, and Weemba is not a party to any loan or other agreement between any Lender and Borrower who uses the Website or a beneficiary of any such agreement. Weemba is not a financial or loan advisor, and does not assist with debt or credit issues. No monies of any kind are exchanged through Weemba. In addition, Weemba makes no assurances that a Borrower will obtain a loan or financing or that a Lender will actually contact any Borrower. You acknowledge and agree that Weemba is not acting as your agent or broker in any way, and is not recommending or advising you with respect to any particular loan, financial product, Lender, Borrower, or financial service.

Registration as a Community Member. Any interested person or entity may browse the Website without registering. If you think that you might be interested in seeking a loan, in lending or, among others, in financial information, Weemba offers several categories of registration. All interested potential Borrowers will need to register first as “Community Members”. A Community Member is any person (or business) with interest in Weemba who has created a basic user account. As a Community Member, you will be able to view the Website, create draft loan projects, and participate in general Forums and blogs. Community Members, however, may not publish loan projects seeking financing from Lenders. To become a Community Member you will also need to register with a valid email, choose an unused community nickname (“Community ID”), a password, select a secret question and secret answer to such question, and accept these Terms of Use.

Loan Projects. Borrowers can be individuals, corporations or other entities. Borrowers can demonstrate their ambition, initiative, and financial viability by making their own customized Loan Projects (as defined in the Lender and Borrower Terms of Use ) that can be displayed on the Website and shared with every visitor to the Website, including, specifically, Lenders. Borrowers create their own Loan Projects, including information such as a detailed description of the project to be funded, the dollar amount of the loan sought, indicative loan terms such as amortization method, the purpose of the loan, and such other information as a Borrower may deem attractive to present to Lenders (it being understood that, while Borrowers may post their sought-after loan terms in a Loan Project, they may not engage in any substantive and/or definitive negotiations and agreements with any Lender via the Website). Borrowers can attach files and documentation, including content that promotes their creditworthiness, as part of their Loan Projects, and can decide which information or content gets displayed publicly and which information should be stored by Weemba in the Borrower’s non-public or “private” files (it being understood that no private Borrower Private Information may be publicly-viewable). Borrowers can edit and/or modify their Loan Projects as many times as they wish, and can also delete or republish them at any time. Weemba is not responsible for the content of any Loan Project, nor will Weemba be involved in the creation, maintenance, authentication, or posting of any content on any Loan Project. Each Borrower is solely responsible for all content posted to its Loan Project, it being understood that Weemba has the right to, at any time and at its sole discretion, remove any content that it deems inappropriate, offensive, infringing of intellectual property rights, untruthful, or that it deems should be removed from the Website for any other reason.

• Credit Score. A Borrower will have the option to request its credit score at no charge to the Borrower, via the Website. That credit score, which may be visible or hidden on a Loan Project at the Borrower’s election, which will be provided by Equifax (subject to the special “Equifax Provisions” contained in the Miscellaneous Provisions Section of these Terms of Use) or Dun & Bradstreet (in the case of businesses and subject to the special “Dun & Bradstreet Provisions” contained in the Miscellaneous Provisions Section of these Terms of Use). It is understood that Weemba is in no way responsible for any credit score, information on a credit report, or any result, whether foreseeable or unforeseeable, of any credit score or of a Borrower’s election to share such score or information on the Website. You agree to hold Weemba harmless upon demand with respect to any disputes arising out of any credit score, the use of such score, or the reliance on such score by yourself or any third party.
• Loan Solicitations Only. By using the Website, each Borrower agrees that a Loan Project may not contain, and that such Borrower will not post on the Website, any solicitation that is not a debt obligation to a Lender, to be repaid by the Borrower at a pre-determined interest rate, by a pre-determined maturity date (all terms to be negotiated off of the Website). No Borrower may solicit a gift, investment, or equity purchase in a Loan Project of any kind. No Borrower may solicit the purchase of any negotiable instrument or participation in a Loan Project, including, but not limited to, stock, title in any aspect of the Loan Project, or any type of asset which is in any way legally or contractually dependent on the Loan Project’s economic viability or any action on the part of the Borrower after the signing of the applicable loan documents. No loan repayment may be contingent on a Loan Project’s performance or any other metrics. All Loan Projects published in the Website must unequivocally obligate the Borrower to repay the Lender as described in this Section (upon specific terms later negotiated by the Borrower and the Lender off of the Website).
• No Publicly-viewable Private Information. No Loan Project may contain any Private Information (as defined below) of a Borrower in any section of the Loan Project that is available for general public viewing. Borrowers may not include their real names, telephone numbers, addresses, email addresses, social security numbers and “D&B” D-U-N-S Number or any other information that can be used to personally identify them (“Private Information”) on any publicly-viewable section of a Loan Project. All such Private Information must be provided only in those sections which can only be viewed by a Lender after the Borrower approves that Lender’s Authorization Request (as defined below).
• No Copyrighted Material. All content of a Loan Project must be the original creation of the posting Borrower or content which the posting Borrower has the explicit legal right to use. Borrowers may not post any content that infringes on the intellectual property rights of any third party, including, but not limited to, trademarks, logos, copyrighted material such as pictures, videos, or text, patented ideas or processes, or trade secret information. Weemba assumes and accepts no responsibility over any content posted on the Website by a Borrower and makes no representation that such content does not infringe on any third party’s intellectual property rights. All Borrowers are strictly responsible for any infringing content they post on the Website. By posting on the Website, you agree to indemnify and hold harmless Weemba from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, demanded of or incurred by Weemba in connection with any claim by a third party (including any intellectual property claim) arising out of any actual or alleged breach of intellectual property rights based on any content you or anyone using your password or computer posts to the Website. Weemba may delete at any time and without prior notice any Loan Project or portion thereof which in Weemba’s sole opinion does not satisfy the criteria set forth in this section.
• No Misleading Information. All content of a Loan Project must be true, accurate, and complete, to the best knowledge of the posting Borrower. Borrowers may not post information about themselves or any Loan Project that either deceives or is meant to deceive any Lender or third party or that omits or is meant to omit material facts about that Borrower or the Loan Project relevant to a Lender’s determination of whether or not to contact the Borrower for future lending purposes. Weemba is not responsible for any misleading content by a Borrower posted on the Website. By posting on the Website, you hereby agree to indemnify and hold harmless Weemba from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, demanded of or incurred by such Weemba parties in connection with any claim by a third party (including any intellectual property claim) arising out of any actual or alleged misleading or materially incomplete information, including, but not limited to, any claim that a Lender or third party might have on the basis of reliance on such misleading or materially incomplete information.

Weemba Search Engine Optimization (“W-SEO”)
The W-SEO is a measurement that Weemba assigns to a Loan Project based on its completeness and the level of activity relating to the Loan Project. W-SEO is not an endorsement of the quality of a Loan Project; it is a measure of the completeness of it, as it was created by the Borrower, and will change through the life of a posted project. W-SEO ranking is a way for Lenders and others to see projects ranked by that measure so they can see the projects that are most complete and have the most interactivity in every category. The score is dynamic and may change through the life of a Loan Project depending, for example, on the level of interactivity between the Weemba community and the Loan Project; it can be seen next to the Loan Project’s name in the My Account page. There are several factors which are weighed and measured to calculate the W-SEO. Completeness of descriptions and other free text entry fields, attachment of requested and other optional documents and completion of the advanced search engine questions are reflected in the calculation of the score. Beyond completion of the information by the Borrower, the W-SEO calculation also reflects the interactivity of the project on the Website: page views, votes, Forum activity, the aging of the Loan Project, and even the Borrower’s response time in answering Lender Authorization Requests. The W-SEO has nothing to do with the viability of a Loan Project or its attractiveness to Lenders; a high W-SEO will not necessarily correlate to Authorization Requests from Lenders; nor will a low W-SEO necessarily translate to an absence of such requests.

CONTENTS OF WEBSITE AND GENERAL INTELLECTUAL PROPERTY
All content and other materials you may view on, access through, or contribute to the Website is the property of Weemba or of the original creator of the material and is protected by applicable U.S. and international intellectual property laws and treaties.

Limited Personal Right of Access. By accepting the present Terms of Use, a User is granted a personal right, which is limited, non-exclusive, and non-transferrable in nature to access and use the Website and the contents, unless its contents are not available for programmed maintenance, as required by law, or for any other foreseeable or unforeseeable reason. Weemba is not responsible for any actual, consequential, or other damages, whether foreseeable or unforeseeable, incurred by a User as a result of being denied access to the Website or for any damages incurred as a result of Website malfunction, including, but not limited to, infiltration of a computer virus.

No Authorization Regarding Intellectual Property. Content published on the Website may contain references to marks, products, services, processes, technology, patented or copyrighted materials, or other forms of intellectual property, to which either Weemba or a third party (whether a User or non-User) owns the rights. However, no section of the present Terms of Use may be interpreted as authorizing a license or any other right with respect to any content which constitutes intellectual property belonging to any third party. In addition, no section of the present Terms of Use may be interpreted as authorizing a license or any other right with respect to any content which constitutes intellectual property belonging to Weemba, except for the personal right of access and use expressly authorized in the preceding paragraph.

No Representation Regarding Content. All information and content are posted “as is” and Weemba does not guarantee, either expressly or as may be implied by law, that they do not violate any third party rights, that they are all posted by a person with legal title to the same, or the accuracy, adequacy, completeness, timeless, merchantability, fitness or integrity of the same, whether for general purposes or for a particular purpose (including for the purpose of evaluating potential borrowing or lending opportunities).

No Reproduction of Content. Any reproduction, sub-license, copy, modification, publication, abandonment, transfer, sale, rent or any other mode of distribution of the contents of the Website, whether total or partial, digital or physical, without the express prior consent of Weemba, is strictly prohibited, except when the contents in question are the intellectual property of the User or as expressly permitted by these Terms of Use.

Removal of Content: Weemba reserves the right to remove any content that purports to agree and/or settle on the terms of a loan, divulges Personal Information, or includes material which infringes on Weemba’s rights or the rights of any third party or that is deemed offensive or inappropriate by Weemba.

TRADEMARKS
Weemba Trademarks. Weemba (including the Weemba logo), Weemba.com, and all related logos (collectively the “ Weemba trademarks”) are trademarks or service marks of the Weemba group of companies. Other company, product, and service names and logos used and displayed on this Website may be trademarks or service marks owned by Weemba or others. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Weemba trademarks displayed on this Website, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website unless in accordance with written authorization by us. Weemba prohibits use of any of the Weemba trademarks as part of a link to or from any Website unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Weemba trademarks, or whether any mark or logo is a Weemba trademark, should be referred by e-mail to support@weemba.com or by regular mail to Weemba USA, Inc., 420 Lincoln Road, Suite 406, Miami Beach (33139), Florida, USA; Attention: Martin Arriola.

COPYRIGHT AND TRADEMARK NOTICES
If you believe that a person using the Website has infringed your trademark or copyright or other intellectual property rights, you should attempt to resolve the dispute directly with such person. If you have a good-faith belief that any materials on the Website infringe your intellectual property rights AND you are unable to secure voluntary removal of such allegedly infringing materials from the User within a reasonable period of time, employing commercially reasonable intellectual-property-right enforcement procedures, please provide the following information by e-mail to support@weemba.com or by regular mail to Weemba USA, Inc., 420 Lincoln Road, Suite 406, Miami Beach (33139), Florida, USA; Attention: Martin Arriola:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property;
• a description of the copyrighted work, trademark or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website, with enough detail to allow us to locate it;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or duly authorized to act on the copyright or intellectual property owner’s behalf;

it being understood, however, that Weemba is under no obligation to remove any allegedly infringing content from the Website, discipline any User who posts allegedly infringing content to the Website, take any action at all, or even issue a response to you in regards to the alleged infringement. Weemba appreciates notification of such alleged infringement and will attempt to conduct a good-faith investigation into the allegations, notwithstanding the fact that Weemba is under no obligation to do so, to perform any action that may follow naturally from the results of any such investigation, or to report the results of any such investigation to you.

LINKS
Weemba, through the Website and through communications relating to your use of the Website, may provide links to other websites operated by third parties. Because Weemba has no control over such other websites, and you acknowledge and agree that Weemba is not responsible for the availability of such other websites, and does not endorse and is not responsible or liable for any content, advertising, financial services or other products offered or available from such other websites. The other websites may have a privacy policy different from that of Weemba and the other websites may provide different security than the Website.

SITE COVERAGE
The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use is expressly excluded or would be contrary to applicable law or regulation. By offering services through this Website, no distribution or solicitation is made by Weemba to any person to use the Website in jurisdictions where the provision of the Website and the services is prohibited by law.

INDEMNIFICATION
You hereby agree to indemnify and hold harmless Weemba upon demand from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, demanded of or incurred by such Weemba parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Website, (ii) your violation of this Agreement or of any applicable law, including, but not limited to, the express prohibition of  execution of any loan contract or other financial instrument through the use of the Website, (iii) content you submit to, post to or transmit through the Website, (iv) a third party’s use of content of any kind that you post to the Website, or (v) the infringement by you, or other User of the Website using your password or computer, of any intellectual property or other right of any person. You further agree that you will cooperate fully in the defense of any such claims. Weemba reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Weemba. For purposes of all indemnifications contained in these Terms of Use, the term “Weemba” includes not just Weemba, but all affiliates of Weemba, and the officers, directors, shareholders, employees and agents of Weemba and its affiliates, each such indemnified person being a third party beneficiary of such indemnifications and allowed to enforce them severally against the indemnifying party.

DISCLAIMER OF WARRANTIES
This Website and all of the content and Services provided thereon are provided strictly “as is,” “with all faults” and “as available,” without any warranty, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title, and any warranties that access to or use of the site will be uninterrupted, error-free or free of viruses. No advice or information, whether oral or written, obtained by you from the Website, Weemba or any of its affiliates, or their respective officers, directors, shareholders, employees or agents shall create any warranty not expressly stated in these Terms of Use. Weemba may discontinue or make changes in the content or Services offered on the Website at any time without prior notice to you and without any liability to you. Weemba does not undertake any obligation or responsibility to verify update or amend any information provided on the Website. Weemba reserves the right to terminate any or all site offerings without prior notice to you.

LIMITATION OF LIABILITY
Under no circumstances shall Weemba or its affiliates or its third party providers and their respective officers, directors, shareholders, employees or agents be liable, directly or indirectly, for any of the following:

(i) any general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or tort arising or relating in any way to the use or inability to use the Website or any third-party site to which this Website is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether foreseeable or unforeseeable, even if Weemba is advised of the possibility of such damages, losses or expenses;

(ii) any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the information, Services or content on the Website provided by Weemba or third parties or of any financial services or other goods or services provided by third parties;

(iii) any changes Weemba may make to the content or Services provided through the Website, or for any permanent or temporary cessation in the provision of such content or Services (or any features of the contents or Services);

(iv) your failure to provide Weemba with accurate account information;

(v) your failure to keep your password or account details secure and confidential; and

(vi) any loss or damage of any sort incurred as a result of any business dealings with, or as the result of the presence of, any Weemba member or third party that uses the Website, including without limitation any loss or damage associated in any way with the provision to you of a loan or other financial instrument or service contemplated or offered to be provided to you via the Website or which resulted from your meeting of or interaction with a Lender or other third party on the Website.

In the event that some jurisdictions do not allow the limitation or exclusion of liability to the extent provided in these terms and conditions, Weemba’s liability will be limited to the maximum extent permitted by law.

You hereby agree and acknowledge that Weemba provides no assurances that the Website will be operational 24 hours a day 365 days a year.

WEEMBA DOES NOT ENDORSE OR ACCEPT OR ASSUME RESPONSIBILITY FOR ANY BORROWER, ANY LOAN PROJECT OR ANY LENDER.

PRIVACY POLICY
Weemba’s Privacy Policy is hereby incorporated by reference into these Terms of Use, and describes the policy applicable to the information that is collected through the Website or received directly from you.

FORUM RULES
Weemba’s Forum Rules is hereby incorporated by reference into these Terms of Use, and describes the rules and regulations with which any user of a Forum on the Website must comply and the penalties associated with a failure to comply with those rules.

LENDER AND BORROWER TERMS OF USE
Weemba’s Lender and Borrower Terms of Use are hereby incorporated by reference into these Terms of Use, and describes the terms of use applicable to those persons who have registered as Lenders or as Borrowers in the Website.

TERMINATION
If you breach any provision of these Terms of Use you may be prohibited from using the Website. In addition, Weemba may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, your access to the Website or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If Weemba terminates your access for any reason, or you choose to no longer be a member of Weemba, the provisions of these Terms of Use will continue to apply to any past usage by you of the Website.

UNSUBSCRIPTION PROCESS
If a Community Member wishes to leave Weemba, it may do so at any time by editing the preferences on the “My Account” page.  If a Community Member chooses to leave Weemba, his Community ID, posts in Weemba’s general Forums and posts in other Users Loan Project Forums will be kept, along with any auditing trace of the Community Member. All other information, including but not limited to, drafts of Loan Projects with attached files, if applicable, saved search filters configurations and registered email address will be deleted or overwritten with “void.”

NOTICES
Except as otherwise provided above, any notices to Weemba regarding the Website must be in writing and sent by e-mail to support@weemba.com or by regular mail to Weemba USA, Inc., 420 Lincoln Road, Suite 406, Miami Beach (33139), Florida, USA; Attention: Martin Arriola. All notices and other communications to you shall be given by email to your registered email address or will be posted on the Website, and shall be deemed to have been duly given and effective upon transmission or posting. You also agree to notify Weemba if your registered email address changes, and you agree to update your registered residence address, mailing address and telephone number on the Website if your address or telephone number changes.

GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use, which includes the Lender and Borrower Terms of Use , the Privacy Policy and the Forum Rules, with the and all other aspects of your use of the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. For any dispute with Weemba in any way relating to or arising from these Terms of Use or your use of the Website, to the fullest extent permitted by law, you and Weemba submit exclusively to binding arbitration in Miami, Florida, in the English language, by a single arbitrator to be appointed under the Rules for Commercial Arbitration of the American Arbitration Association, who shall apply such Rules. The arbitrator’s award will be final and binding and judgment thereon may be entered by any court of competent jurisdiction. You agree that you will notify Weemba in writing of any claim or dispute relating to your use of the Website, and give Weemba a reasonable period of time to address it, before bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Weemba. Weemba will do likewise on any claim it may have against you. If notwithstanding our joint submission to arbitration, at any time there should be any court proceeding between us relating to the Website or your use of it (for example, to confirm an arbitral award or otherwise), you and Weemba hereby KNOWINGLY AND VOLUNTARILY WAIVE RIGHT TO TRIAL BY JURY.

MISCELLANEOUS PROVISIONS
Failure by Weemba to enforce any of its rights under these Terms of Use shall not be construed as a waiver of those rights or any other rights in any way whatsoever. Certain sections or pages on the Website (including pop-ups) may contain additional terms and conditions of use, which will apply in addition to these Terms of Use. In the event of a conflict between these Terms of Use and the additional terms and conditions, the additional terms and conditions (including pop-ups) will govern for those sections or pages. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use shall be binding on, inure to the benefit of, and be enforceable against the parties and their respective heirs, successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The use of one gender in these Terms of Use or on the Website includes all other genders.

DUN AND BRADSTREET PROVISIONS
All Borrowers and Lenders who wish to either have Weemba order a credit score from Dun and Bradstreet (“D&B”) on their behalf or to view a Dun and Bradstreet credit score of a Borrower on the Website must sign the End User Agreement with D&B. In the case of Borrowers, they shall be deemed to accept all terms of the End User Agreement every time they choose to include their D&B credit score in any Loan Project. In the case of Lenders, they will be deemed to accept all terms of the End User Agreement at the time of registration.

A. D&B User Notice
“THE INFORMATION IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE PROVIDER OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL THE PROVIDER OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.”

B. D&B User Notice Modifications
D&B shall have the right to modify the notice set forth in Section A above. Weemba shall implement such modifications in these Terms of Use within two (2) business days of request by D&B.

EQUIFAX PROVISIONS
Credit score provided by Equifax is only to be used by responsible commercial financial personnel in connection with ID verification and initial screening.

Without limiting the above, the credit score provided by Equifax is NOT to be used, under any circumstances, to:

(i) make decisions to extend credit to business applicants,

(ii) review an existing account or credit relationship with business customers or otherwise manage risk associated with such customers;

(iii) evaluate applications for accounts intended to be used primarily for personal, family or household purposes;

(iv) to identify the risk or identity of, or prevent fraud in connection with consumer, family, household or individual personal accounts; or

(v) to locate former or delinquent holders of accounts intended to be used primarily for personal, family or household purposes.

LENDER RELEASES WEEMBA, EQUIFAX AND EQUIFAX’S AGENTS, EMPLOYEES, AFFILIATED CREDIT REPORTING AGENCIES AND INDEPENDENT CONTRACTORS FROM LIABILITY, EVEN IF CAUSED BY ANY NEGLIGENCE, IN CONNECTION WITH THE CREDIT SCORE AND/OR ANY INFORMATION FURNISHED BY EQUIFAX AND FROM ANY LOSS OR EXPENSE SUFFERED BY LENDER RESULTING DIRECTLY OR INDIRECTLY FROM SUCH INFORMATION OR CREDIT SCORE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING ANY COMPUTER SYSTEM, MACHINERY, EQUIPMENT, MATERIALS, PROGRAMMING AIDS OR OTHER ITEMS UTILIZED IN CONNECTION WITH OR RELATED TO, ANY LICENSED DATA FURNISHED BY EQUIFAX TO WEEMBA OR TO ANY CUSTOMERS. THE LICENSED DATA AND THE MEDIUM ON WHICH THEY ARE PROVIDED ARE NOT GUARANTEED TO BE ACCURATE OR COMPLETE AND MAY CONTAIN ERRORS. EQUIFAX PROVIDES THE LICENSED DATA AND INFORMATION ON AN “AS IS”, AS AVAILABLE BASIS. In no event shall EQUIFAX be liable FOR THE ACCURACY OR THE LICENSED DATA OR FOR ANY punitive, special, indirect or consequential loss or damages of any kind whatsoever (including but not limited to lost profits).

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.