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Terms of Service

These Terms of Service ("Terms") govern your access to and use of Equipment Finance Advisor’s website, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the web site (collectively referred to as "Content"). Your access to and use of the web site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the web site you agree to be bound by these Terms.

Basic Terms

You are responsible for Content you post. The Content you submit, post, or display will be able to be viewed by other users of the web site and through third party web site and websites page to control who sees your Content. You should only provide Content that you are comfortable sharing with others under these Terms. The web site that ABL Advisor provides may change from time to time without prior notice to you. In addition, ABL Advisor may stop (permanently or temporarily) providing the web site to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Web site may include advertisements, which may be targeted to the Content or information on the web site, queries made through the web site, or other information. In consideration for ABL Advisor granting you access to and use of the web site, you agree that ABL Advisor and its third party providers and partners may place such advertising on the web site or in connection with the display of Content or information from the web site whether submitted by you or others.

Privacy

Any information that you provide to ABL Advisor is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the web site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ABL Advisor. As part of providing you the Web site, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Web site and your ABL Advisor account, which you may not be able to opt-out from receiving. You can opt-out of most communications from ABL Advisor including The Advisor eBlast.

Passwords

You are responsible for safeguarding the password that you use to access the web site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ABL Advisor cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Web site

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the web site and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the web site or obtained by you through the web site is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the web site or endorse any opinions expressed via the web site. You understand that by using the web site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ABL Advisor 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 web site or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through the web site. By submitting, posting or displaying Content on or through the web site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for ABL Advisor to make such Content available to other companies, organizations or individuals who partner with Equipment Financed Advisor for the syndication, broadcast, distribution or publication of such Content on other media and web site, subject to our terms and conditions for such Content use.

Such additional uses by ABL Advisor, or other companies, organizations or individuals who partner with ABL Advisor, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the web site.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, web site or media.

You are responsible for your use of the web site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. ABL Advisor will not be responsible or liable for any use of your Content by ABL Advisor in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

ABL Advisor Rights

All right, title, and interest in and to the web site (excluding Content provided by users) are and will remain the exclusive property of ABL Advisor and its licensors. The Web site is protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Equipment Finance Advisor name or any of the ABL Advisor trademarks, logos, domain names, and other distinctive brand features.

Restrictions on Content and Use of the Web site

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the web site and to terminate users or reclaim usernames. Please review the ABL Advisor Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ABL Advisor, its users and the public.

ABL Advisor does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Web site: (i) access, tamper with, or use non-public areas of the Web site, ABL Advisor’s computer systems, or the technical delivery systems of ABL Advisor’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the web site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ABL Advisor (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ABL Advisor (NOTE: crawling the web site is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the web site without the prior consent of ABL Advisor is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the web site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the web site.

Copyright Policy

ABL Advisor respects the intellectual property rights of others and expects users of the web site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide contact us immediately with details regarding this copyright infringement with your contact information.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, ABL Advisor will also terminate a user’s account if the user is determined to be a repeat infringer.

The web site is available "AS-IS"

Your access to and use of the web site or any Content is at your own risk. You understand and agree that the Web site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ABL Advisor AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the web site or any content thereon. ABL Advisor will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the web site, or any Content. You also agree that ABL Advisor has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the web site.

Links

The Web site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or web site on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ABL Advisor of such websites or resources or the content, products, or web site available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EQUUIPMENT FINANCE ADVISOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEB SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEB SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEB SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ABL AdvisorE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Waiver and Severability

The failure of ABL Advisor to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the web site will be brought solely in Delaware County, Pennsylvania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

Entire Agreement

These Terms, the ABL Advisor Rules and our Privacy Policy are the entire and exclusive agreement between ABL Advisor and you regarding the web site, and these Terms supersede and replace any prior agreements between ABL Advisor and you regarding the Web site. Other than members of the group of companies of which ABL Advisor is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at abladvisor.com/tos. By continuing to access or use the Web site after those revisions become effective, you agree to be bound by the revised Terms.

These Web site are operated and provided by ABL Advisor, Inc., 975 Mill Road, Suite G Bryn Mawr, PA 19010 . If you have any questions about these Terms, please contact us.

Effective: October 16, 2011